MEDICAL CENTRES IN THE NEIGHBOURHOOD RESIDENTIAL ZONE

Since the August, 2011 Zone Implementation we are receiving and increasing number of requests for information related to Medical Centres in the Neighbourhood Residential Zone – both for new Centres and the expansion of existing Centres.  Hence we thought it appropriate to provide our readers with an overview of the relevant Planning Scheme’s Clauses.

Clauses listed may be accessed via the Glen Eira Planning Scheme

CLAUSE 32.09 NEIGHBOURHOOD RESIDENTIAL ZONE – 22/08/2013

32.09-1 Defines requirements for use as a Medical Centre as being

• The gross floor area of all buildings must not exceed 250 square metres.
• Must be located in an existing building.
• The site must adjoin, or have access to, a road in a Road Zone (refer Clause 22.02)
• Must not require a permit under clause 52.06 Car Parking – 01/07/2014

 While this Clause is predominantly applicable to new centres, with regards proposed expansions to existing centres, it provides a guideline of the Clause’s intended objectives re size, intensity of use and location.  These intended objectives and the Clause’s Decision Guidelines (a.k.a. factors which may be considered when assessing planning permit applications) should also be taken into account when reviewing planning permit applications for expanded use.

32.09-11 Decision Guidelines – 01/07/2013.

Non-residential use and development

In the local neighbourhood context:

• Whether the use or development is compatible with residential use.
• Whether the use generally serves local community needs.
• The scale and intensity of the use and development.
• The design, height, setback and appearance of the proposed buildings and works.
• The proposed landscaping.
• The provision of car and bicycle parking and associated accessways.
• Any proposed loading and refuse collection facilities.
• The safety, efficiency and amenity effects of traffic to be generated by the proposal.

CLAUSE 52.06 – CAR PARKING 01/07/2014

Applicable to a new medical centre or an increase in the floor or site area of an existing centre. It defines minimum car parking requirements.  One of the Clauses stated purposes is “To ensure that car parking does not adversely affect the amenity of the locality”

52.06-9 Decision guidelines 19/4/2013

Included in the list of factors to be considered are:

• The role and function of nearby roads and the ease and safety with which vehicles gain access to the site.
• The protection and enhancement of the streetscape.
• The provisions of landscaping for screening and shade.
• The amenity of the locality and any increased noise or disturbance to dwellings and the amenity of pedestrians.

 CLAUSE 22.02 NON RESIDENTIAL USES IN RESIDENTIAL ZONES POLICY – 23/04/2015  

As per Clause 22.02-1, the “intent of the Policy is to provide direction for applicants in terms of minimising residential amenity impacts, preferred locations and design of non-residential uses and facilities … in a residential areas”

• Non residential uses are defined as being a medical centres, places of worship and places of assembly.
• Residential Areas are defined as being the Residential Growth Zone (RGZ), General Residential Zone GRZ), Neighbourhood Residential Zone (NRZ) and Mixed Use Zone (MUZ).

Clause 22.02-2 – Preferred Locations are defined “to encourage the development or extension of non-residential uses in suitable locations which comply with orderly and proper planning principles”.

Policies outlined in Clause 22.02-2 include

• Encourage the location of non-residential uses in “preferred locations” including main and secondary roads and on corner sites with vehicular access from service or side road”. Please note that under the heading performance measures, preferred locations are “identified as abutting main or secondary roads”.
• 

• Consider other locations where it can be demonstrated that residential amenity will not be unreasonably compromised.
• Direct uses to locations where there will be minimal impact on the local amenity, including through the introduction of traffic and parking of cars

 Clauses 22.02-3 (Siting and Design) and 22.02-4 (Landscaping)

These Clauses are primarily related to the building envelope, set backs and landscaping of street interfaces. As such they are best discussed when accompanied by a planning permit application.

Clause 22.02-5 General Amenity

                 The objective of this Clause is “to minimise the effect of  non                  residential uses on the residential amenity” via policies which

• Ensure the intensity of the use, in terms of staff levels, numbers of people providing health services, patron numbers and hours of operation are appropriate to the site layout, locality and does not unreasonably impact the amenity of the neighbouring properties.
• Promote small scale uses (no more than 2 people providing health services) to operate in the existing dwellings, in order to maintain the residential appearance and nature of the locality.
• Minimize any visual and acoustic privacy impacts to neighbouring properties.

The Performance Measures (a.k.a. Decision Guidelines) include bench marks for operating hours, screening treatments for overlooking adjoining properties and acoustic treatments and screening required for noise abatement.

Clause 22.02-6

 The objective of this Clause is “to provide adequate and appropriate signage” via policies which “ensure that the proposed height, area and number of any signage is appropriate to the size and location of the development”

The Performance Measures (a.k.a. Decision Guidelines) include signage dimensions, heights and location.

ADDITIONAL CLAUSES

 The below listing includes Clauses that are also relevant to Non Residential uses in Residential Areas, however, some content of these may also be included in the review of the above Clauses.

CLAUSE 21.08 INSTITUTIONAL AND NON RESIDENTIAL USES IN RESIDENTIAL AREAS 23/04/2015

Objectives

• To ensure that non-residential uses are successfully integrated into residential zones with minimum impact and minimum loss of residential amenity.
• To ensure community awareness and input into the long term expansion plans of large institutions in residential areas.

 CLAUSE 21.04 HOUSING AND RESIDENTIAL DEVELOPMENT- 28/05/2015

 Objectives

• To ensure a greater diversity of housing to meet future housing needs.
• To improve and protect the livability, neighbourhood character and amenity of Glen Eira.
• To promote environmental, social and economic sustainability.
• To stimulate and improve the vitality of Glen Eira’s commercial centres.
• To improve access to housing for residents with special housing needs.
• To ensure integrated neighbourhood planning of Glen Eira’s suburbs.

CLAUSE 21.03 VISION – STRATEGIC FRAMEWORK – 02/06/2011

Part of the Municipal Strategic Statement that although including some aged components (eg. Key Land Use Vision – 19/01/2006), provides a broad overview of the Glen Eira’s Planning Framework.