PLANNING SCHEME AMENDMENTS – MORE HIGH DENSITY

Planning Scheme Amendment C80 – 1232-1258 Glen Huntly Road

Planning Scheme Amendment C78 – 791-793 Warrigal Road, Bentleigh East

Planning Scheme Amendment C98 – 1B – 1C Tovan Akas Avenue, Bentleigh

Over the past few months Council has approved three planning scheme amendments to be submitted for Ministerial Approval to prepare and exhibit.  All three instances relate to re-zoning of land and will result in dramatically intensified developments.    While residents will have an opportunity to lodge submissions/objections to the developments when exhibition occurs (presumably with the next few months), GERA is highlighting these amendments now to ensure that local residents are aware of the significance of these proposals and have ample opportunity to prepare any individual or joint submissions/objections they may wish to make.  In each case there is scant mention of the impact on residential amenity (ie traffic, parking, open space, over shadowing or overlooking) its just full steam ahead

The following is a summary of the Amendments ex the relevant Council Meeting Minutes.  Details of the Planning Scheme Amendment Process+ are included in the footnotes.

Planning Scheme Amendment C80 – 1232-1258 Glen Huntly Road (Council Meeting Minutes, 1st May, 2012 – section 9.2)

 1232 -1258 Glen Huntly Road

•  Recommendation – That Council seeks authorisation from the Minister for Planning to prepare and exhibit the combined Planning Scheme Amendment (C80) and Planning Permit Application (GE/PP-24474/2012).
• The Amendment proposes to:

 Rezone the land at 1232-1258 Glen Huntly Road from an Industrial 3 Zone (IN3Z) to a Business 2 Zone (B2Z);

 Rezone the land at 122 Grange Road from a Residential 1 Zone (R1Z) to a Business 2 Zone (B2Z); and

 Apply an Environmental Audit Overlay (EAO)* over all of the land.

 Note:  A Business 2 Zone (B2Z) promotes a range of office, commercial and residential uses.  Rezoning applies to the site bordered in red in the above picture.

• The development application, at 1242-1248 Glen Huntly Road (marked in yellow in the above picture), proposes to:

 Construct a building up to 5 storeys containing 62 dwellings and 2 offices (within a Special Building Overlay**); and

 Reduce the standard car parking requirements for dwellings and office.

 The subject land is located within Council’s Housing Diversity Area, known as Glen Huntly Neighbourhood Centre.

The car parking rates deemed as adequately catering for office staff, residents and residential visitors for the development are

• not less than one (1) car space per one or two bedroom dwelling;
• not less than two (2) car spaces per three (3) or more bedroom dwelling;
• not less than fourteen (14) car spaces for the office use (allocated at a rate of 3 spaces per 100m2 in floor area); and
• not less than six (6) residential visitor car spaces.

As the land is subject to flooding a Special Building Overlay (SBO), the proposed development will also require the approval of Melbourne Water.

Planning Scheme Amendment C78 – 791-793 Warrigal Road, Bentleigh East  (Council Meeting Minutes, 12th June, 2012 – section 9.3)

791-793 Warrigal Road

• Recommendation – Rezone the subject land from Residential 1 Zone to a Business 1 Zone (B1Z).

The B1Z aims to “encourage the intensive development of business centres for retailing and other complimentary commercial, entertainment and community uses”.

Note:  GERA’s emphasis on “intensive”

• Proposal – That Council seeks authorisation from the Minister for Planning to prepare and exhibit Amendment C78.

This rezoning will extend the existing local activity centre at the intersection of North and Warrigal Roads.  This site forms part of the larger activity centre that is located in Glen Eira and Monash municipalities.

The proximity of this site to such a wide and busy road intersection is not conducive to development normally allowed in a Residential 1 Zone (ie. of a single dwelling or dual occupancy), as this type of development would be severely affected by noise, vibration and fumes. Whilst there is no specific proposal at this stage, rezoning of this land could potentially allow for a mixed use development including shop or office at ground level with residential apartments above (subject to approval from Council).  Any such proposal would need to go through the normal process to gain a permit.

This rezoning involves only one property. The proposed small increase in potential retail/commercial floor area will have negligible effect on the adjacent local centre and any surrounding centres.  No mention is made of impact on adjacent residential areas.

Planning Scheme Amendment C98 – 1B – 1C Tovan Akas Avenue, Bentleigh (Council Meeting Minutes 12^th June, 2012 – section 9.4)

1B-1C Tovan Akas Avenue

• Recommendation – That Council:

 seeks authorisation to prepare and exhibit Planning Scheme Amendment C98;

 seeks a pre-set hearing date for the consideration of submissions at a Panel hearing. 

Note:  The proponent/applicant has requested the pre-set panel hearing date as they are entitled to do.  Generally speaking this is a time saving mechanism when a development is likely to be contentious – the hearing date is set prior to the close of the objection period rather than waiting until all objections have been received and reviewed.

• Proposal – The amendment proposes to change the Glen Eira Planning Scheme by:

 Rezoning the land from Industrial 3 to Residential 1 Zone.

 Applying a Design and Development Overlay*** on the land, and inserting a new Schedule to the Overlay (DDO2).

 Amend the planning scheme such that all the normal ResCode provisions do not apply; and

 Apply an Environmental Audit Overlay (EAO)* to the land.

 Currently the 5438 square metre site is used for industrial purposes, as a plumbing supplies outlet. The rezoning will enable the land to be developed for a multi-residential development which is prohibited under the current Industrial 3 Zone.

Given the size of the site and that the Planning Scheme provides “in extraordinary circumstances, specific controls designed to achieve a particular land use or development outcome” that the site may be developed

• With a higher development yield than would normally apply in minimal change areas.
• Incorporating a range of multi unit developments.
• With a DDO (which sets the broad parameters, eg building height and siting) for a higher density residential development so it that fits in with the area (ie prevailing streetscape, scale, etc.)

The precise details of the development are not known at this stage. However, broad controls are being put in place which will need to be met.   Interestingly, as with the Clover Development in Bentleigh East, the broad controls which are being put in place have yet to be discussed with or submitted to residents.  And residents rights may be curtailed.

Further similarities with the Clover Development are potential site contamination and the combined Planning Scheme Amendment and Planning Permit and the application of an unconsulted DDO.

As mentioned in our introduction, residents will have an opportunity to lodge submissions/objections to the developments when exhibition occurs (presumably with the next 4-6 months), however, GERA is highlighting these amendments now to ensure that local residents are aware of the significance of these proposals and have ample opportunity to prepare any individual or joint submissions/objections they may wish to make.  GERA will supply what ever assistance it can to individuals or groups objecting to these proposals which will adversely affect residential amenity.

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Footnotes

Council is currently updating it’s website – at the time of making this posting the links provided to Council website worked.  However, as Council continues to update it’s website the links may not function in future.  GERA will try to keep the links functional.

+  Planning Scheme Amendment Process

The Minister for Planning must firstly authorise preparation of the amendment before exhibition can occur. Following this, notice (exhibition) of the amendment will commence, inviting public submissions/objections.

•  If there are no submissions/objections Council can ‘adopt’ or ‘abandon’ the amendment and forward it to the Minister for certification or approval.
• If there are submission/s opposed to the amendment, the Council has three options:

 abandon the amendment;

 change the amendment in accordance with the submitter’s request; or

 request the Minister to appoint an Independent Panel to hear the submissions.

 If a Panel is appointed, submissions/objections are heard and the panel reports its findings in the form of a recommendation to Council.

Council then considers the panel report and makes its own decision. Council is not bound by the panel’s findings.  If Council adopts the amendment, it is then referred to the Minister for Planning for approval or certification (and subsequent approval by Council upon receipt of certification from Department of Community Planning and Development).

* Environmental Audit Overlay (EAO) – will be applied to industrial land subject to rezoning to a more sensitive use (eg. residential).  This is standard (automatic). The EAO ensures the land is cleaned to the standards considered acceptable by the Environment Protection Agency).

** Special Building Overlay – this overlay identifies land in urban areas liable to inundation by overland flows from the urban drainage system.  The overlay’s intention is to ensure that the development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

*** Design and Development Overlay – The purpose of the DDO is to identify areas which are affected by specific requirements relating to the design and built form of new developments.  In the Glen Eira context, it may also protect the streetscape by prescribing consideration of front and/or side fencing.