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Amendment C140 Managing Growth in Neighbourhood Residential Zones

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Page 1: Managing Growth in Neighbourhood Residential Zones · Garden beds, grass, permeable paving = 21% Total block size 540m2 Total block size 540m2 Non-permeable areas, eg driveways, sealed

Amendment C140Managing Growth in Neighbourhood Residential Zones

Page 2: Managing Growth in Neighbourhood Residential Zones · Garden beds, grass, permeable paving = 21% Total block size 540m2 Total block size 540m2 Non-permeable areas, eg driveways, sealed

0 5 10 15 20 km

Housing Growth Area Boundary

Key Focus Residential Growth Area

Moderate Residential Growth Zone

Minimal Residential Growth Area

Moderate Residential Growth Area (Small NAC's)

Minimal Residential Growth Area (Small NAC's)

Strategic Redevelopment Site

Strategic Redevelopment Site -Minimal Residential Growth

Future Key Focus Residential Growth

Future Moderate Residential Growth

Municipal Boundary

Railway Line

Railway Station

Legend

N

Residential Strategic Framework Plan

0 5 10 15 20 km

Housing Growth Area Boundary

Key Focus Residential Growth Area

Moderate Residential Growth Zone

Minimal Residential Growth Area

Moderate Residential Growth Area (Small NAC's)

Minimal Residential Growth Area (Small NAC's)

Strategic Redevelopment Site

Strategic Redevelopment Site -Minimal Residential Growth

Future Key Focus Residential Growth

Future Moderate Residential Growth

Municipal Boundary

Railway Line

Railway Station

Legend

Preferred locations for development in Bayside

Bayside City Council. 26 June 2015

In 2012 Council, in consultation with the community, developed the Bayside Housing Strategy. The strategy established the preferred locations for different types of residential development to meet the changing needs of the Bayside community. A key aspect was identifying preferred locations for growth.

The State Government’s Plan Melbourne says the total population of Greater Melbourne is projected to grow by around another 2 million people over the next 15 years. As a result the State Government requires all municipalities in Melbourne to make appropriate plans for accommodating population growth.

While most of this growth will occur outside of Bayside it is important that the growth that does occur locally is managed effectively.

The development of the Housing Strategy canvassed options for managing growth and, informed by feedback, identified a preference for development to be focused around areas with good public transport links and around shopping precincts.

The adjacent map shows how the strategy has focused development around train stations on the Sandringham and Frankston railway lines, as well as small pockets around the shopping hubs in Black Rock and Beaumaris.

2 Amendment C140

Page 3: Managing Growth in Neighbourhood Residential Zones · Garden beds, grass, permeable paving = 21% Total block size 540m2 Total block size 540m2 Non-permeable areas, eg driveways, sealed

0 5 10 15 20 km

Housing Growth Area Boundary

Key Focus Residential Growth Area

Moderate Residential Growth Zone

Minimal Residential Growth Area

Moderate Residential Growth Area (Small NAC's)

Minimal Residential Growth Area (Small NAC's)

Strategic Redevelopment Site

Strategic Redevelopment Site -Minimal Residential Growth

Future Key Focus Residential Growth

Future Moderate Residential Growth

Municipal Boundary

Railway Line

Railway Station

Legend

Amendment C140 is the next step in implementing the Bayside Housing Strategy (2012). It will see the creation of a minimum lot size for subdivisions in the Neighbourhood Residential Zone as well as increasing the required amount of private open space, increasing the distance a new dwelling should be setback from the rear boundary and the amount of area set aside for non-hard surfaces such as grass, garden beds and porous paving.

These changes will ensure new dwellings in these areas maintain the existing neighbourhood character of Bayside’s suburbs and limit impacts on neighbouring houses.

The Neighbourhood Residential Zone applies to most of Bayside’s established suburbs.

Amendment C140 makes these changes to the Schedule to the Neighbourhood Residential Zone, which contains specific requirements for new development.

Amendment C140

0 0.5 1 1.5 2 km

Legend

Railway Station

Railway Line

Planning Zone

Neighbourhood Residential Zone

Commercial Zone

General Residential Zone

Mixed Use Zone

Residential Growth Zone

General Residential Zone (Private Golf Course)

Non-Residential Zoned Land

Planning Zones in Bayside

N

Bayside City Council. 18 June 2015

0 0.5 1 1.5 2 km

Legend

Railway Station

Railway Line

Planning Zone

Neighbourhood Residential Zone

Commercial Zone

General Residential Zone

Mixed Use Zone

Residential Growth Zone

General Residential Zone (Private Golf Course)

Non-Residential Zoned Land

Amendment C140 3

Page 4: Managing Growth in Neighbourhood Residential Zones · Garden beds, grass, permeable paving = 21% Total block size 540m2 Total block size 540m2 Non-permeable areas, eg driveways, sealed

Key Changes to the Neighbourhood Residential Zone – What do they mean?

1. 400m2 minimum lot sizeCurrently, there is not a minimum lot size for a dwelling to be built on. Amendment C140 proposes that a block must be of at least 400 square meters (m2) in order for a new dwelling to be built on it. This means that existing lots less than 800m2 could not be subdivided into two.

The 400m2 minimum lot size will help to:• Ensure that new developments respect the existing

low density character of Bayside’s suburbs.• Prevent speculative subdivision of large lots.

EXAMPLE SUBDIVISION 1

Total Lot size 925m2

Lot A425m2

Lot B375m2

Cannot subdividebecause Lot B

is less than 400m2

Total Lot size 925m2

Can subdividebecause each Lot is at least 400m2

Lot A425m2

Common Driveway125m2

Common Driveway100m2

Lot B400m2

Can subdivide because Lots are

at least 400m2

Lot B400m2

Lot A400m2

EXAMPLE SUBDIVISION 2

Total Lot size 800m2

Total Lot size 650m2

Cannot subdivide because Lots are less than 400m2

Lot B325m2

Lot A325m2

SECLUDED OPEN SPACE

64m2

6m

8m

8m

5m

30m2

Lot A Lot B

PERMEABILITY

Garden beds, grass, permeable paving = 21%

Total block size 540m2

Total block size 540m2

Non-permeable areas, eg driveways, sealed paths = 79%

Garden beds, grass, permeable paving = 35%

Non-permeable areas, eg driveways, sealed paths = 65%

100m2

247m2

247m2

193m2

180m2

113m2

REAR SETBACK

Existing property

Existing property

Rear boundary

Rear boundary

New home

New home

4 metres

4 metres

Plan view (bird’s eye view)

Cross section

Can subdivide because Lots are

at least 400m2

Lot B400m2

Lot A400m2

EXAMPLE SUBDIVISION 2

Total Lot size 800m2

Total Lot size 650m2

Cannot subdivide because Lots are less than 400m2

Lot B325m2

Lot A325m2

4 Amendment C140

Page 5: Managing Growth in Neighbourhood Residential Zones · Garden beds, grass, permeable paving = 21% Total block size 540m2 Total block size 540m2 Non-permeable areas, eg driveways, sealed

2. Minimum areas of permeabilityPermeability refers to areas of a site that allow water to seep into the ground. This can include grass, garden beds and some types of paving that allow water to pass into the soil. Amendment C140 will increase the amount of permeable area required as part of a development from 20 per cent of the land area to 35 per cent.

Increasing the minimum permeability of a site will reduce stormwater runoff and in turn help to:• Improve ground water quality. • Reduce flooding and water across roads and footpaths.• Reduce the burden on Council’s stormwater infrastructure.• Increase space for landscaping.

3. Minimum areas of private open spacePrivate open space for a development is considered in two parts. One part is the total amount of open space for a house. The second is the part of that total which is ‘secluded’. Secluded private open space is open space that is at the side or rear of a dwelling and has a reasonable amount of privacy. It is usually the backyard or courtyard. Amendment C140 will increase the minimum amount of total open space from 40sqm to 75sqm and the part of that open space that should be secluded from 25sqm to 60sqm.

Amendment C140 will also increase the minimum dimensions (length or width of the secluded private open space) from 3m to 5m.

Increasing the minimum amount of private open space helps to:• Ensure new development better responds to the

open, landscape character of Bayside.• Provides adequate space for the planting of canopy

trees and other plants that contribute to and enhance Bayside’s neighbourhood character.

• Provides better amenity for residents by ensuring access to adequate private open space.

PERMEABILITY

Garden beds, grass, permeable paving = 21%

Total block size 540m2

Total block size 540m2

Non-permeable areas, eg driveways, sealed paths = 79%

Garden beds, grass, permeable paving = 35%

Non-permeable areas, eg driveways, sealed paths = 65%

100m2

247m2

247m2

193m2

180m2

113m2

SECLUDED OPEN SPACE

64m2

6m

8m

8m

5m

30m2

Lot A Lot B

Amendment C140 5

Page 6: Managing Growth in Neighbourhood Residential Zones · Garden beds, grass, permeable paving = 21% Total block size 540m2 Total block size 540m2 Non-permeable areas, eg driveways, sealed

4. Minimum rear setbackThe rear setback is the distance that a house is setback from the rear boundary. Amendment C140 will increase the rear setback requirement from 3m to 4m.

Increasing the rear setback will help to:• Ensure new development better responds to

Bayside’s open character.• Limit the impact of new development on the

amenity of existing residents.• Increase the area available for landscaping and

planting of canopy trees ensuring new development better responds to Bayside’s landscape character.

5. Implementing Bayside’s vision for managing housing growth and protecting established suburbsAmendment C140 also proposes to update the Bayside Planning Scheme to reflect the vision for accommodating housing growth outlined in the Housing Strategy 2012.

This is a key element of implementing the Housing Strategy as it will ensure that all housing growth is appropriately located and of a scale that reflects Council’s long term vision.

The key changes affect the Municipal Strategic Statement (MSS). The MSS sets out Council’s strategic planning objectives and guides the land-use and development provisions of the Bayside Planning Scheme. It will be updated to:

• Direct medium and high density housing growth to the Southland and Hampton East (Moorabbin), Bay and Church Street Brighton, Hampton Street, Hampton and Sandringham Village Activity centres;

• Provide a clear description of the expected levels of development within designated growth areas;

• Include definitions of low, medium and high density development;

• Outline a clear long term policy to maintain established neighbourhoods within the ‘minimal residential growth area’ to enhance valued aspects of neighbourhood character, including private open space for planting and canopy trees;

• Provide clear identification of Small Activity Centres within Bayside.

There will also be changes to two local planning policies:

Clause 22.06 – Neighbourhood Character Policy

Updated to reflect the new growth area designations: Key Focus Residential Growth Area or Moderate Residential Growth Area (otherwise known as Housing Growth Areas).

Clause 22.07 – Discretionary Uses in Residential Areas Policy

Updated to ensure that there is a preference to retain existing buildings for non-residential uses and, to ensure that where non-residential uses are included in new buildings, they respect the existing streetscape character of the area.

REAR SETBACK

Existing property

Existing property

Rear boundary

Rear boundary

New home

New home

4 metres

4 metres

Plan view (bird’s eye view)

Cross section

6 Amendment C140

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C140 Frequently Asked Questions

Does the amendment affect my land?The minimum lot size and changes to the Schedule to the Neighbourhood Residential Zone affects all land within the Neighbourhood Residential Zone. You can go to www.land.vic.gov.au to check the zoning and the size of your land.

Changes to the Municipal Strategic Statement provide guidance for development for all of Bayside.

Can I still extend my house?The amendment does not prohibit extensions to existing dwellings. However, it would add additional restrictions on setbacks from boundaries and minimum areas of permeability.

Will I able to build a second dwelling on my lot?The amendment does not prohibit the construction of a second dwelling on a lot (or demolition of an existing dwelling and construction of two new dwellings). However, if one of the houses is on a lot less than 400m2 you will not be able to subdivide and sell each house separately.

What if I have applied for, or have a planning permit to build houses that would be on lots less than 400sqm?The proposed 400sqm minimum lot size would not apply to planning permits applied for, or approved before Amendment C140 is approved by the Minister for Planning. However, you would not be able to subdivide until the houses are constructed.

Would the changes to open space, permeability and rear setback apply if they are approved and I have lodged a planning permit application but it hasn’t been approved? Yes, all other changes would apply to planning permit applications that have not been determined when C140 is approved.

What if I want to amend my planning permit (including the approved plans) after the amendment is approved? Will I have to comply with the new requirements?Yes. If you apply for an amendment and it affects one of the altered requirements then the new requirements will be applied.

What if I have a planning permit that is going to expire and I need an extension?If the amendment is approved, Council must consider whether it is appropriate to extend permits that may allow development that doesn’t meet the new requirements. To understand more above the process for extensions of time, please contact Council’s Statutory Planning Unit on 9599 4666.

Why isn’t Council applying the same controls to areas in the General Residential Zone such as around Major Activity Centres in Brighton, Sandringham, Hampton and other areas like Hampton East (Moorabbin), Highett and Cheltenham?The proposed changes are directed to areas designated for Minimal Residential Growth in the Bayside Planning Scheme and Bayside Housing Strategy. Areas within the General Residential Zone are designated to accommodate Moderate Housing Growth. These areas are subject to existing controls which reflect their location close to activity centres and major public transport infrastructure such as train stations.

Will applying a minimum lot size reduce my property value?Amendment C140 is concerned with population densities, land usages and development (in planning processes). Fluctuation in property values are not considered as part of planning processes which take a longer term view of land use, development and change.

Has Council considered the need to accommodate population growth in preparing the proposed changes?Yes. Council has undertaken modelling that demonstrates that the introduction of the proposed changes will not affect Bayside’s ability to provide the number of new dwellings it is predicted to need until the year 2030.

Why was a 400m2 minimum lot size chosen? Council resolved to require 400sqm as the minimum lot size because it would minimise the impact of new development on the existing character of areas outside activity centres and their surrounds.

Amendment C140 7

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Bayside City Council 76 Royal Avenue, Sandringham VIC 3191Tel (03) 9599 4444 | Fax (03) 9598 [email protected] www.bayside.vic.gov.au

Where can I get more information?

You can view copies of the proposed changes to the Bayside Planning Scheme online at www.bayside.vic.gov.au/haveyoursay or at the Department of Environment, Land, Water and Planning website www.dtpli.vic.gov.au/publicinspection, or during office hours at the following places:

• Bayside City Council Corporate Centre 76 Royal Avenue, Sandringham VIC 3191

• Bayside’s libraries

Drop-in SessionsDrop-in sessions will be held for residents to speak to Council planners about the amendment. They will be held at the following locations and times:

Beaumaris Library Saturday 1 August 2015, 10am – 12pm 96 Reserve Road, Beaumaris

Brighton Library Wednesday 12 August 2015, 10am – 12pm 14 Wilson Street, Brighton

Bayside City Council Corporate Centre Monday 17 August 2015, 5pm – 7pm 76 Royal Avenue, Sandringham

Highett Peterson Youth Centre Wednesday 26 August 2015, 6pm – 8pm Peterson Reserve, Highett (Corner Highett Road and Peterson Street )

You can also speak to a planner by calling Council’s Urban Strategy Unit on 9599 4444.

How can I make a comment on the Amendment?Any person who may be affected by the amendment may make a submission to the Council. Submissions about the amendment must be received by 17 September 2015.

Submissions can be made via;Online www.bayside.vic.gov.au/haveyoursay Email [email protected] Post Urban Strategy - Amendment C140, Bayside City Council, PO Box 27, Sandringham VIC 3191

What happens next?• Council will consider all submissions at a Council

meeting.• Unresolved changes requested in submissions will

be referred to an independent Planning Panel appointed by the Minister for Planning.

• All submitters will be notified of the Planning Panel and have an opportunity to present their views.

• The Planning Panel will make a recommendation about the Amendment (whether it should proceed with or without changes or if it should be abandoned).

• Council will consider the Panel’s recommendation before making its own decision on whether to abandon the Amendment or submit it to the Minister for Planning for final approval.

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