agenda of special meeting of council - 9 february 2015 · meeting on 24th november, 2014 and...

Special Meeting of Council

Agenda

Monday, 9th February 2015

Commencing at 6.30pm

Council Chamber

1230 Nepean Highway, Cheltenham

http://www.kingston.vic.gov.au

John Nevins

Chief Executive Officer

Kingston City Council

http://www.kingston.vic.gov.au/

City of Kingston Special Meeting of Council

Agenda 9 February 2015

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Notice is given that a Special Meeting of Kingston City Council will be held at 6.30pm at Council Chamber, 1230 Nepean Highway, Cheltenham, on Monday, 9 February 2015. 1. Apologies 2. Foreshadowed Declaration by Councillors, Officers or Contractors of any

Conflict of Interest Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.

3. Sustainable Planning and Development Reports

3.1 Request to the Planning Minister - Extend Materials Recycling in the Green Wedge interim Local Planning Policy and Mentone Activity Centre Zoning Provisions ...................................................................... 5

4. Confidential Items

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Special Meeting of Council

9 February 2015

Agenda Item No: 3.1

REQUEST TO THE PLANNING MINISTER - EXTEND MATERIALS RECYCLING IN THE GREEN WEDGE INTERIM LOCAL PLANNING POLICY AND MENTONE ACTIVITY CENTRE ZONING PROVISIONS Contact Officer: Jonathan Guttmann, Manager City Strategy

Purpose of Report

To request that Council resolve to write to the Minister for Planning asking him to use his powers under Section 20(4) of the Planning and Environment Act 1987 to: 1. Extend the Materials Recycling in the Green Wedge Local Planning Policy which is due to

expire on 1st June, 2015 for a further year; and 2. Introduce the schedule to the Activity Centre Zone as recommended by the Planning Panel

and adopted by the Council for Planning Scheme Amendment C124.

Disclosure of Officer / Contractor Direct or Indirect Interest

No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

OFFICER RECOMMENDATION

That Council:

1. Write to the Planning Minsiter requesting that he use his powers under Section 20(4) of the Kingston Planning Scheme to: 1.1. Extend the existing provisions of the Kingston Planning Scheme at Clause 22.18 –

Materials Recycling in the Green Wedge for an additional year; and 1.2. Introduce the schedule to the Activity Centre Zone in accordance with the adopted

form of Planning Scheme Amendment C124. 2. Notify relevant Local Members of Parliament of this request.

1. Executive Summary

At the Ordinary Council Meeting on the 24th November, 2014, Council resolved to refer Planning Scheme Amendment C143 to a Planning Panel. This Amendment provides for changes to the Kingston Planning Scheme for land generally outside the Urban Growth Boundary and north of Kingston and Heatherton Road. The Amendment also seeks to make the existing Local Planning Policy at Clause 22.18 titled ‘Materials Recycling in the Green Wedge’ permanent rather than interim. On the basis the Amendment is now well advanced it is appropriate to recommend the Minister use his powers Under Section 20(4) of the Planning and Environment Act 1987 to extend this control for an additional year to provide sufficient time for Amendment C143 to be resolved.



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Council was notified on the 6th October, 2014 that Planning Scheme Amendment C160 had been approved by the Planning Minister to replace Planning Scheme Amendment C124 for the Mentone Activity Centre. This had the consequence of introducing a schedule to the Design and Development Overlay rather than a schedule to the Activity Centre Zone into the Kingston Planning Scheme. The schedule to the Activity Centre Zone was supported by the C124 Planning Panel and adopted by the Council on 28th October, 2013. The schedule to the Activity Centre Zone contains substantially more detail than the schedule to the Design and Development Overlay, detail which is now missing in the Kingston Planning Scheme. The schedule to the Activity Centre Zone has also worked very well in Cheltenham to facilitate development in accordance with the structure plan. It is recommended that Council also ask the Minister to use his powers under Section 20(4) of the Planning and Environment Act to introduce the schedule to the Activity Centre Zone as adopted by the Council.

2. Background

Item 1 – Materials Recycling in the Green Wedge Materials Recycling in the Green Wedge – Clause 22.18 The Kingston Planning Scheme currently contains a provision at Clause 22.18 that is used to inform decisions regarding materials recycling facilities that may seek to establish in the Kingston Green Wedge. This Local Planning Policy is set to expire on 1 June, 2015. Planning Scheme Amendment C143 Planning Scheme Amendment C143 seeks to incorporate the Materials Recycling in the Green Wedge Local Planning Policy permanently into the Kingston Planning Scheme. Planning Scheme Amendment C143 was most recently considered at the Ordinary Council Meeting on 24th November, 2014 and Council resolved to refer this matter to a Planning Panel. Council received notification from Planning Panels Victoria on 15th December, 2014 that a Planning Panel had been appointed. A Directions Hearing is scheduled on the 9th February, 2015 and the Panel Hearing is scheduled to commence in the week of the 9th March, 2015. It is unlikely that a report from the Panel will be available for consideration by the Council until the May meeting cycle based on needing to provide the Panel with sufficient time after the hearing to consider submissions and prepare its report. On this basis, if following review of the Planning Panel report the Council determined it wished to adopt the Amendment it would not be in place before 1st June, 2015. Item 2 – Mentone Activity Centre Planning Controls Planning Scheme Amendment C124 Following extensive work to develop the Mentone Structure Plan, Planning Scheme Amendment C124 was prepared. A Planning Panel considered this Amendment in August, 2013, provided a recommendation to adopt the Amendment to Council on 19th September, 2013, Council subsequently adopted the Amendment on 28th October, 2013 and it was submitted to the Planning Minister on the 4th November, 2013 for approval. A detailed report was provided to the Council on 3rd February, 2014 in relation to what had transpired to develop the structure plan and subsequently Planning Scheme Amendment C124.



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Amendment C124 proposed the same approach to the provisions t which the former Minister for Planning had approved for the Cheltenham Activity Centre in March 2013 (also earlier supported by a Planning Panel), at the time introducing a Schedule to the Activity Centre Zone. Council was informed on the 6th October, 2014 by the former Planning Minister that ‘I have decided to refuse Amendment C124, however, I have decided to exercise my power under section 20(4) of the Planning and Environment Act 1987 to exempt myself from notice and prepare, adopt and approve Amendment C160 to the Kingston Planning Scheme’. The consequence was that the intended building height controls the Council had sought were approved in the form of a schedule to the Design and Development Overlay. Planning Scheme Amendment C160 The approved Planning Scheme Amendment C160 introduced Schedule 18 to the Design and Development Overlay for the Mentone Activity Centre. The approved schedule contains substantially less content to assist decision makers from that which was contained in the publically exhibited, Panel and Council supported Amendment C124. An appendix has been prepared that shows in yellow in the schedule to the Activity Centre Zone what is not contained in the approved Amendment C160 (Schedule to the Design and Development Overlay). A copy of the Schedule 18 is also included. Planning Scheme Amendment C121 was adopted on the 30th January, 2013 and also proposes to use the schedule to the Activity Centre Zone for Moorabbin. The Mayor has recently written to the Acting Planning Minister asking that he approve this Amendment.

3. Discussion

3.1. Council Plan Alignment Planned Outcome 2 - A Sustainable Natural and Built Environment Strategy 2.1 - Intergenerational land use, planning and delivery The recommendations to the Minister in this report provide for outcomes which are consistent with the direction the Council is seeking to advance in order to enhance its Planning Scheme.

3.2. Consultation/Internal Review

The formulation of the Kingston Green Wedge Plan, and subsequent exhibition of Planning Scheme Amendment C143 have been through processes of community consultation. The request to the Minister is consistent with manner in which the intent of the Council was reflected through these consultation processes. The development of the Mentone Structure Plan and subsequently Planning Scheme Amendment C124 also went through detailed consultation. The community is unlikely to be aware that the exhibited, Panel supported and Council adopted form of Amendment C124, was not the version the former Minister for Planning had approved. Asking the new Minister to approve the schedule to the Activity Centre Zone is entirely consistent with the consultation approach the Council had previously followed.



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3.3. Operation and Strategic Issues 3.3.1. Powers under Section 20(4) of the Planning and Environment Act 1987

The recommendation requests the Minister use his powers under Section 20 (4) of the Planning and Environment Act to make changes to the Kingston Planning Scheme without carrying out public notification. The former Planning Minister used the same power in approving Amendment C129 to previously extend the provision at Clause 22.18. In Mentone Council has followed a significant consultation process, received planning panel support and it subsequently adopted the Amendment. No basis would exist to re-exhibit the same Amendment and hence it is considered appropriate for the Minister to be requested to use his powers under Section 20(4).

3.3.2. Request to extend 22.18 – Materials Recycling in the Green Wedge

Planning Practice Note 29 titled Ministerial Powers of Intervention indicates that the Minister will consider using the powers under Section 20 (4) when ‘the matter will be the introduction of an interim provision or requirement and substantially the same provision or requirement is also subject to a separate process of review (such as the introduction of permanent controls in a planning scheme). Given the well advanced nature of Planning Scheme Amendment C143 which seeks to introduce 22.18 on a permanent basis, it would appear consistent with the Practice Note that the Minister utilise his powers in this instance.

3.3.3. Activity Centre Zone vs. a Schedule to the Design and Development Overlay

To illustrate the difference between Amendment C124 (use of the schedule to the Activity Centre Zone) and Amendment C160 (use of the schedule to the Design and Development Overlay) Officers have prepared an attachment showing what is missing from the adopted Amendment from the schedule to the Design and Development Overlay. Some of the significant omissions by not using the adopted schedule to the Activity Centre Zone include:

1. The exhibited table of land uses that the community had widely reviewed

and considered. 2. The planning policy content that described the intended outcomes

identified in the structure plan that are critical to the successful implementation of the plan. A Schedule to the Design and Development cannot address ‘policy elements’ and the Minister did not include a Local Planning Policy for Mentone in approving Amendment C160 as was the case with Mordialloc.

3. Detailed coloured plans that make clear both the overall and precinct based features contained within the activity centre.

4. Tailored precinct based objectives and guidelines. 5. Tailored approaches to the application of advertising signage controls.

The Panel in considering Amendment C124 commented: ‘The Council has also used the ACZ [Activity Centre Zone] and the Panel strongly supports this as a nearly ‘one stop shop’ for consideration of the use and development in the MAC [Major Activity Centre] and an efficient planning tool that should be simpler and clearer for [the] broader community and development community alike to use’.



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Officers certainly believe through a number of practical examples in Cheltenham, the Activity Centre Zone has been most useful and efficient for users of the Planning Scheme.

3.4. Options 3.4.1. Do not make the request to the Minister

If a request is not made to the Minister for Planning to extend the existing provision at Clause 22.18 (Materials Recycling in the Green Wedge) of the Planning Scheme for an additional twelve months whilst C143 is finalised, decisions may be made which do not reflect the intended policy position of the Council. If a request is not made to reinstate the adopted schedule to the Activity Centre Zone for Mentone a number of ‘gaps’ will exist in the intended decision making framework for Mentone based on the Councils exhibited intent and subsequently adopted position. The primary risk under both instances is the intended controls sought by the Council are not established in its Planning Scheme which will influence the manner in which land use decisions are made.

3.4.2. Make the request to the Minister

A request to the Planning Minister in relation to both matters will ensure that the intended outcome of the Council is put to the Minister for his formal consideration. The nature of the requests being recommended are considered to have significant basis and are entirely consistent with the previously expressed positions of the Council. No obvious risks are associated with this option.

4. Conclusion

4.1. Environmental Implications The provisions contained both within Clause 22.18 and the adopted Amendment C124 ensure the presentation of the municipality in its Green Wedge and Mentone Activity Centre are enhanced. Without these provisions in place it is possible that the outcomes the Council has sought to achieve may be compromised.

4.2. Social Implications

The community will hold expectations that planning work the Council instigates is appropriately reflected in its Planning Scheme. The strategic planning work for both the Kingston Green Wedge and Mentone Activity Centre has been very involved and the appropriate incorporation of this work into the Planning Scheme has received high levels of community support.

4.3. Resource Implications

Not extending the provisions at Clause 22.18 until Amendment C143 is resolved may result in inappropriate applications being advanced thus creating an increased burden on the Council to evaluate such proposals. As the Panel in Amendment C124 indicated and Council Officers have found through practical experience in the Cheltenham Activity Centre the use of the schedule to the Activity Centre is actually more efficient for users of the Kingston Planning Scheme.



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4.4. Legal / Risk Implications The most significant risk is that proposals which are inconsistent with the intent of strategic work undertaken by Council may be advanced and a weakened policy basis may exist in the Planning Scheme to defend positions to potentially oppose such proposals.

Appendices

Appendix 1 - Existing Clause 22.18 – Materials Recycling in the Green Wedge (Trim No 15/8489)

Appendix 2 - Approved version of Mentone Activity Centre Controls – Design and Development Overlay Schedule 18 (Trim No 15/8487)

Appendix 3 - Council adopted version of Mentone Activity Centre Controls – Activity Centre Zone Schedule 2 (Trim No 15/8490)

Author/s: Jonathan Guttmann, Manager City Strategy

Reviewed and Approved By: Rachel Hornsby, General Manager Sustainable Planning and Development

3.1

REQUEST TO THE PLANNING MINISTER - EXTEND MATERIALS RECYCLING IN THE GREEN WEDGE

INTERIM LOCAL PLANNING POLICY AND MENTONE ACTIVITY CENTRE ZONING PROVISIONS

1 Existing Clause 22.18 – Materials Recycling in the Green Wedge ............................................................................................. 13

2 Approved version of Mentone Activity Centre Controls – Design and Development Overlay Schedule 18 .......................... 15

3 Council adopted version of Mentone Activity Centre Controls – Activity Centre Zone Schedule 2 ............................................... 21

Appendix 1 3.1 Request to the Planning Minister - Extend Materials Recycling in the Green Wedge interim Local Planning Policy and Mentone Activity Centre Zoning Provisions - Existing Clause 22.18 – Materials

Recycling in the Green Wedge

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Appendix 1 3.1 Request to the Planning Minister - Extend Materials Recycling in the Green Wedge interim Local Planning Policy and Mentone Activity Centre Zoning Provisions - Existing Clause 22.18 – Materials

Recycling in the Green Wedge

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Appendix 2 3.1 Request to the Planning Minister - Extend Materials Recycling in the Green Wedge interim Local Planning Policy and Mentone Activity Centre Zoning Provisions - Approved version of Mentone

Activity Centre Controls – Design and Development Overlay Schedule 18

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Appendix 3 3.1 Request to the Planning Minister - Extend Materials Recycling in the Green Wedge interim Local Planning Policy and Mentone Activity Centre Zoning Provisions - Council adopted version of Mentone

Activity Centre Controls – Activity Centre Zone Schedule 2

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agenda of special meeting of council - 9 february 2015 · meeting on 24th november, 2014 and...

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