Glossop Town Planning Level 1, 182 Capel St, North Melbourne, VIC 3051

p.(03) 9329 2288 f.(03) 9329 2287

glossopco.com.au

Planning Scheme Amendment Request

1080A Frankston-Flinders Road, Somerville

Mornington Peninsula Planning Scheme

Application on behalf of VicTrack

Date of report: December 2015

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GTP Quality System

Project Manager: SZ Checked By: NR

Date issue: December 2015 Revision Number: A

The intellectual property contained in this document remains the property of Glossop Town Planning.

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Table of contents 1. INTRODUCTION ............................................................................................................... 4

2. THE SUBJECT SITE ......................................................................................................... 5

THE SUBJECT SITE ...................................................................................................................... 5

SITE SURROUNDS ....................................................................................................................... 7

PLANNING HISTORY .................................................................................................................... 9

3. CURRENT PLANNING CONTROLS ................................................................................ 11

PLANNING CONTROLS............................................................................................................... 11

SURROUNDING LAND ................................................................................................................ 12

4. THE PROPOSAL AMENDMENT & WHY IT IS REQUIRED ............................................. 13

THE PROPOSAL ......................................................................................................................... 13

WHY IS THE AMENDMENT REQUIRED? .................................................................................... 13

5. IS THE PROPOSED AMENDMENT APPROPRIATE? ..................................................... 16

6. STRATEGIC CONSIDERATIONS ................................................................................... 19

STRATEGIC CONSIDERATION ................................................................................................... 19

DOES THE AMENDMENT MAKE PROPER USE OF THE VICTORIA PLANNING

PROVISIONS? ............................................................................................................................. 28

HOW DOES THE AMENDMENT ADDRESS THE VIEWS OF RELEVANT

AGENCIES? ................................................................................................................................ 29

7. CONCLUSION ................................................................................................................ 31

8. APPENDIX A – DRAFT SCHEDULE 19 TO THE DPO .................................................... 32

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1. INTRODUCTION

This Town Planning Report has been prepared on behalf of Victorian Rail Track

Corporation (trading as VicTrack) and accompanies an application for an amendment

to the Mornington Peninsula Planning Scheme.

VicTrack was created in 1997. It is a State-owned business enterprise with an

independent Board and plays a pivotal role in supporting the Victorian Government to

provide improved public transport outcomes without relying on government funding. It

operates under the Transport Integration Act 2010.

VicTrack is the custodial owner of Victoria’s railway land, infrastructure and much of

its rolling stock. The vast majority of these assets are leased to Victoria’s rail and

tram operators via Public Transport Victoria (PTV).

This application applies to part of the land at 1080A Frankston-Flinders Road,

Somerville (the ‘subject site’) and formally known as Lot 1 TP885734. The subject

site is shown in the figure below.

The Subject Site (shown in yellow)

This application proposes to rezone the subject site from a Public Use Zone 4

(Transport) to a General Residential Zone Schedule 1 (GRZ1). It is also proposes to

apply a Schedule to the Development Plan Overlay Schedule to the whole site and

an Environmental Audit Overlay (EAO) to the northern portion of the site.

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2. THE SUBJECT SITE

THE SUBJECT SITE

On 31 July 2013, the Department of Transport, Planning and Local Infrastructure

(DTPLI)1 confirmed that it had consulted Public Transport Victoria (PTV) and was

able to advise that it does not object to VicTrack selling the land shown in the figure

below (the ‘subject site’).

Land cleared for sale (shown in yellow)

The subject site is currently owned by VicTrack and is surplus to its future operational

requirements.

This application applies to all of the land cleared for sale.

The subject site forms part of 1080A Frankston-Flinders Road, Somerville.

The subject site is irregular in shape. It has a frontage to Frankston-Flinders Road of

approximately 290m and an abuttal to Foxwood Place of approximately 67m. The

subject site has a total area of approximately 1.1ha.

The subject site is located on the east side of the railway corridor and to the south of

the Somerville Railway Station.

The subject site is vacant and contains some scattered trees. In the past the land

was used as a car park and for other uses associated with the railway facilities.

1 Now the Department of Economic Development, Jobs, Transport and Resources (DEDJTR)

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Cadastral Map (subject site outlined in red)

Subject site, looking north from the

centre

Subject site, looking west, from the

centre

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Subject site, looking south from the

centre

Subject site, looking west from the

southern end

Foxwood Place, looking north at the

southern boundary of the subject site

Frankston-Flinders Road, looking

north along site’s street frontage

SITE SURROUNDS

The area surrounding the subject site is dominated by residential uses. Key features

of the surrounding area include:

A child care centre is located to the immediate south-east of the subject site,

at 1140 Frankston-Flinders Road;

Somerville Railway Station, a bus stop and an opportunity shop are located to

the north of the subject site;

A small strip of shops to the north-east of the subject site, opposite

Frankston-Flinders Road. The Somerville Primary School is located at the

rear of this shopping strip on Eramosa Road East;

The Somerville Activity Centre is located to the north-west of the subject site.

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It includes a range of shops and a library, a kindergarten, a child care centre

and medical centres; and

The Somerville Recreational Reserve, Somerville Secondary College and St

Brendan’s Primary School are located generally to the west of the subject

site.

Aerial photograph (subject site outlined in red)

Locality Plan (subject site outlined in red)

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PLANNING HISTORY

In 2008, part of the subject site was declared to be surplus to VicTrack’s operational

requirements. A request was made to rezone the then surplus land from a Public Use

Zone 4 to a Residential 1 Zone as part of Amendment C100. The rezoning request

included the area shown in yellow below.

Original Surplus Area (shown in yellow)

On 5th May 2006, the Department of Infrastructure2 (DOI) confirmed in writing, having

consulted all relevant internal departments, that it supported the sale of the land.

On 25 May 2006, VicTrack met with Mr Lynton Shedden (Manager Strategic

Planning) of Mornington Peninsula Shire Council to discuss the rezoning of the

surplus land from PUZ to a Residential 1 Zone to facilitate the sale of the land by

public process.

By letter dated 21 June 2006, Council advised that it was of the view that the use of

the disused land for higher density residential development was consistent with the

Local Planning Policy Framework and the objectives of Melbourne 20303. Council

also indicated that before it could confirm in-principle support of the proposed

rezoning, VicTrack must lodge a formal rezoning request.

A formal planning scheme amendment request was submitted to Council in June

2007. The amendment was accompanied by a Certificate of Environmental Audit

(issued 12 December 2007), which found that the surplus land is suitable for all

2 Now the Department of Infrastructure and Regional Development

3 The then current metropolitan planning strategy

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beneficial uses.

Council included this rezoning request as part of Amendment C100 to the Mornington

Peninsula Planning Scheme. The Amendment was placed on public exhibition

between 18 July and 1 September 2008.

On 28 August 2008, the Department of Transport4 (DOT) lodged an objection to the

proposed rezoning. It advised the following:

The Frankston-Stony Point Rail Line provides access to the Port of Hastings.

The Port of Hastings Corporation submitted its final draft of Hastings Land

Use and Transport Strategy (PLUTS) to the Minister for Roads and Ports for

Government consideration in December 2007.

Progression of the PLUTS will be closely considered with the Government’s

broader policy thinking in relation to transport and freight planning and

response to the Eddington East-West Study. The Government intends to

account its response to the Port of Hastings Land Use and Transport Strategy

(PLUTS) later this year which will include recommendations for rail access to

the port as it develops over the next 30 years.

The Department of Transport (DOT) is currently undertaking a study of

existing and proposed rail corridor options for the Port of Hastings in order to

provide the Government recommendations on a preferred long term port rail

corridor. Until this work is finalized DOT submits that the rezoning of this

parcel of land is premature and should be postponed for further consideration.

Once the Government has announced its intension along this corridor DOT

will be in a clearer position to make a final determination on this parcel of land

and its future.

As a result of DOT’s objection, VicTrack advised the Planning Panel appointed to

consider Amendment C100 that it had decided to abandon the rezoning and the

associated introduction of DPO16.

The preliminary issues previously raised by the DOT have now been resolved. On 31

July 2013, the DTPLI5 confirmed that it no longer objected to the disposal of the

surplus land. In addition, it has also cleared an area to the immediate north for

disposal.

4 Now the DEDJTR. 5 DOT was part of DTPLI at that time.

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3. CURRENT PLANNING CONTROLS

PLANNING CONTROLS

ZONING OF SUBJECT SITE

The subject site is in a Public Use Zone 4 (PUZ) under the Mornington Peninsula

Planning Scheme.

The Purpose of the Public Use Zone is:

To implement the State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local

planning policies.

To recognise public land use for public utility and community services and

facilities.

To provide for associated uses that are consistent with the intent of the public

land reservation or purpose.

More specifically, PUZ4 identifies land for transport.

Zoning Map (subject site outlined in red)

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OVERLAYS AFFECTING THE SUBJECT SITE

No overlays controls affect the subject site.

SURROUNDING LAND

ZONING AND OVERLAY AFFECTING SURROUNDING LAND

Land surrounding the subject site is predominantly zoned General Residential Zone

Schedule 1 (GRZ1) with pockets of land in a PUZ4 to the immediate west,

Commercial 1 Zone to the north-east and Public Park and Recreation Zone to the

west and south-west.

There are several overlay controls affecting nearby land, including:

A Vegetation Protection Overlay (VPO1) affects land at the rear of 1119

Frankston-Flinders Road; and

Heritage Overlay (HO317) affects land on the west side of Station Street, to

the immediate west of the railway line.

None of these overlays have a direct abuttal to the subject site.

Overlay Map (site outlined in red)

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4. THE PROPOSAL AMENDMENT & WHY IT IS REQUIRED

THE PROPOSAL

This application proposes to:

Rezone the subject site from a Public Use Zone 4 (Transport) to a General

Residential Zone Schedule 1 (GRZ1);

Apply a Schedule to the Development Plan Overlay to all of the subject site;

and

Apply an Environmental Audit Overlay (EAO) to the northern portion of the

site.

The Subject Site (Approximate extent of land shown in yellow)

WHY IS THE AMENDMENT REQUIRED?

VicTrack has undertaken a comprehensive analysis of its operational requirements in

and around the Somerville Railway Station. This analysis included an assessment of

the potential for future upgrades to the railway station and associated facilities,

including car parking. The analysis identified that the subject site is surplus to

VicTrack’s requirements and should be disposed of.

The Victorian Government Land Monitor Policy and Instructions for the Purchase,

Compulsory Acquisition and Sale of Land (Department of Infrastructure, August

2000), sets out the following requirements (as relevant):

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Agencies must not create any expectation with prospective purchasers that

they will be able to utilise the land for a purpose other than that which is

permitted under the appropriate zone.

First right of refusal to purchase land no longer required by an agency must

be offered to another agency which identifies the land as being required for its

purposes.

The land may then be offered to the council of the municipality in which the

land is located where the Council requires the land for public purposes. The

sale must be conditional upon the land being used for that purpose. Council

should undertake to rezone the land in accordance with the conditions of sale.

The most appropriate zoning for the land must be established and put in

place before the sale to ensure that the highest possible return is achieved.

An agency must not offer land for sale where the land is zoned for a public

purpose under a planning scheme or where land is inappropriately zoned

unless approval is obtained from the GLM6 (our emphasis).

In accordance with Victorian Government Land Monitor’s (VGLM) policy, the subject

site was listed as a site available to all government agencies and departments that is

available for First Right of Refusal7.

No public organisations expressed an interest to acquire the land.

For the above reason, VicTrack has confirmed that the land will be disposed of by

public process.

The subject site is currently in a PUZ4. This is no longer reflective of the purpose of

the land. In accordance with the VGLM’s policy, the most appropriate zoning for the

site must be established and put in place before the sale. An amendment to the

planning scheme is the most appropriate way to comply with this requirement.

For reasons highlighted later in this report, the most appropriate zoning for the

subject site is GRZ1. To manage the future development outcomes of the site, it is

proposed to introduce a Schedule to Development Plan Overlay to the whole site. To

manage potential contamination issues on land that does not benefit from a

Statement of Environmental Audit8, an EAO is proposed to be applied to the northern

portion of the site.

6 Victorian Government Local Monitor

7 Facilitated by the Department of Finance

8 This includes all land that was not originally considered for rezoning as part of Amendment C100

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CONSULTATION WITH COUNCIL

On 26 March 2015, Ms Emma Demaine, Mr Ashley Keys (both of VicTrack) and Ms

Sue Zhang (of Glossop Town Planning) met with Mr Frank Mangan and Ms Emma

Nicolson of Mornington Peninula Shire Council to discuss the proposed amendment.

At that meeting, Council confirmed that, in principle, it would continue to support

rezoning of the land to a residential zone provided that a Development Plan Overlay

was applied to ensure that an appropriate development outcome will be achieved on

the land. In particular, the Development Plan Overlay should include the following

requirements:

Ensure that an integrated development outcome will be achieved;

Set the minimum and maximum development density on the site;

Identify the maximum building height for any future development;

Require the provision of communal open space to be provided;

Require appropriate landscaping to be provided throughout the site, particularly

along the street frontage;

Identify vehicular access locations;

Identify pedestrian and cyclist access locations; and

Contain acoustic attenuation measures.

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5. IS THE PROPOSED AMENDMENT APPROPRIATE?

VGLM’s guidelines require that the appropriate zoning of the site is established and

put in place before the sale of the land.

Currently, the subject site is in a PUZ4. This zone reserves the land for public uses

and more specifically for transport purposes. As the site has been declared to be

surplus to VicTrack’s purposes, the PUZ4 is no longer the most appropriate zoning.

In 2008, when part of the subject site was considered for rezoning as part of

Amendment C100 to the Mornington Peninsula Planning Scheme, Council

determined that the most appropriate zoning of the land was the Residential 1 Zone9.

At that time, it was found that the residential use of the land was supported by the

State and Local Policy Frameworks. It also found that adverse acoustic and vibration

impacts caused by the adjacent railway corridor could be managed through

appropriate building siting and design10.

To ensure that the future development of the land will achieve an acceptable

outcome and address the relevant acoustic and vibration mitigation requirements, it

was proposed to apply Development Plan Overlay Schedule 16 to the land as part of

Amendment C100.

Existing Zones, Mornington Peninsula Planning Scheme (site outlined in red)

9 This zone was deleted from the Victorian Planning Provision on 1 July 2014. 10 Marshall Day Acoustics completed a noise and vibration impact assessment in December 2009. The

assessment was based on the most critical future scenario, which included an increase of freight

train activities along this corridor due to the expansion of the Port of Hastings. Plan Melbourne

was released in 2014 and now indicates that the Port of Hastings will not be using this railway

corridor for freight. It is considered that the potential noise and vibration impacts on the

subject site will be less than previously anticipated. Even at the most critical scenario, the

potential noise and vibration impacts can be appropriately managed through building siting and

design.

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The site conditions have not changed since 2008. It is submitted that a residential

zone remains the most appropriate zoning of the land. Residential use of the land is

compatible with the established pattern of existing land uses of the abutting area and

represents a minor and logical extension to the existing residential zoning. The

subject site is also located in close proximity to a wide range of commercial and

community facilities and public transport. The site’s location and features also make

it suitable for a medium density residential development.

As of 1 July 2014, the Residential 1 Zone has been removed from the Victorian

Planning Provisions (VPP) as part of the Victorian Residential Zone reform. The

Mornington Peninsula Shire Council included all land that was previously in the

Residential 1 Zone in a General Residential Zone Schedule 1 via Amendment C179

to the Mornington Peninsula Planning Scheme.

Having regard to the above, it is submitted that the most appropriate zoning of the

subject site should be an extension of the adjoining GRZ1. The proposed zoning is

supported by the relevant goals and objectives of the State and Local Planning Policy

Frameworks.

No development is proposed as part of this rezoning request. It is proposed to apply

a site-specific Schedule to the Development Plan Overlay (DPO) over the subject

site. The DPO is an appropriate tool to ensure that an integrated development

outcome will be achieved. The Schedule will require matters such as the type of

development, development density, site access, landscaping, mitigation of noise and

vibration impacts to be considered before a planning permit is issued11.

This approach was also adopted during the previous rezoning request under

Amendment C100.

A copy of the draft Schedule 19 to the DPO is provided at Appendix A. It should be

noted that this control builds on the previous requirements of the former proposed

DPO16 that was exhibited as part of Amendment C100. The draft DPO19 also

ensures that all previous Council requirements can continue to be met.

In summary, draft DPO19 contains the following requirements for any development

plan:

The development of the land for the purpose of an integrated residential

development.

11 Under the general provisions of a DPO, a permit must not be granted to use or subdivide land or

to construct a building or construction or carry out works until a development plan has

been prepared to the satisfaction of the Responsible Authority. Any subsequent permit granted

must be generally in accordance with the approved development plan.

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Not less than 14 dwellings and no more than 34 dwellings.

No dwelling exceeding a height of two storeys.

Communal open space within the development.

No more than one vehicular access from Frankston-Flinders Road12.

At least one separate pedestrian/bicycle access to Frankston-Flinders Road.

A landscape plan which must include planting along the site frontage.

Appropriate noise attenuation measures for the development.

The development to be designed to allow for all waste collection to occur on-

site.

The above requirements and the zone’s purpose will ensure future residential

development of the land responds appropriately to its setting and is respectful of the

area’s preferred character. The overlay will also provide certainty to the local

community in terms of development type and density.

Any future developer of the land will have to submit a Development Plan for Council’s

formal consideration in accordance with the requirements of the Schedule to the

DPO.

The Certificate of Environmental Audit already issued in respect to land previously

formed part of the C100 Amendment is suitable for all beneficial uses. No

environmental assessment of the balance of the subject site has been undertaken.

To comply with the relevant Ministerial Directions and Practice Notes in respect to

the balance of the subject site, it is proposed to apply an EAO to the northern portion

only.

.

12 VicRoads has confirmed that it would support no more than one vehicular access from Frankston-

Flinders Road subject to some road upgrade works. It would be appropriate to confirm and condition

the extent of any road upgrade works once a formal application for a Development Plan is made.

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6. STRATEGIC CONSIDERATIONS

Minister’s Direction No. 11 Strategic Assessment Guidelines require a planning

authority to evaluate and discuss how an amendment addresses a number of

strategic considerations. Under Planning Practice Note No. 46 (DTPLI, July 2014),

the proposed amendment requires a full assessment against the Strategic

Assessment Guidelines.

The full assessment is provided in this Section of the report.

STRATEGIC CONSIDERATION

WHY IS AN AMENDMENT REQUIRED?

VicTrack currently owns the subject site. It has determined that the subject site is

surplus to its future needs and intends to dispose of the land. It has offered the first

right of refusal to purchase the land to various State and local government agencies.

No public organisation has expressed an interest to acquire the land. VicTrack must

now dispose of the land via a public process.

As required by the VGLM, the most appropriate zoning of the land must be

established and put in place before the sale. To comply with this requirement, an

amendment to the Mornington Peninsula Planning Scheme is required.

The proposed rezoning of the land from PUZ4 to GRZ1 reflects the most appropriate

use of the subject site.

To ensure appropriate use and development outcomes, it is also proposed to apply a

Development Plan Overlay to the subject site and an EAO to the northern portion of

the site.

The proposed Schedule to Development Plan Overlay will guide the future

development outcome of the land. It will also ensure that an appropriate form of

medium density integrated residential development is achieved, having regard to site

layout, built form, amenity, communal open space, site access and landscaping

issues.

The EAO will ensure that the land will be suitable for any proposed future land uses.

Overall, the proposed planning scheme amendment will result in an appropriate and

orderly planning outcome that facilitates the development of an undertilised parcel of

land. It will create an opportunity to contribute to housing diversity needs in a location

that is close to existing commercial and community facilities and public transport.

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DOES THE AMENDMENT IMPLEMENT THE OBJECTIVES OF PLANNING AND

ADDRESS ANY ENVIRONMENTAL, SOCIAL AND ECONOMIC EFFECTS?

Environmental Effects

There was a previous proposal to rezone Parcels A and B to a residential zone as

part of Amendment C100 to the Mornington Peninsula Planning Scheme in 2008.

This amendment request was later abandoned by VicTrack due to a lack of support

from the former Department of Transport. To support Amendment C100, an

Environmental Audit Report was prepared for the land. A Certificate of Environmental

Audit in accordance with section 53X of the Environment Protection Act 1970 was

issued on 12 December 2007. It confirmed that the condition of parcels A and B are

neither detrimental nor potentially detrimental to any beneficial use of the site.

The Subject Site (shown in yellow)

The northern portion of the land is in a similar condition to the balance of the subject

site, however, an environmental assessment has not been undertaken for this portion

of the land.

Ministerial Direction No. 1 – Potentially Contaminated Land (Direction No. 1) requires

planning authorities to satisfy themselves that the environmental conditions of land

proposed to be used for a sensitive use (including residential), agriculture or public

open space are, or will be, suitable for that use.

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To comply with this Ministerial Direction, it is proposed to apply an EAO to the

northern portion of the subject site.

The amendment is not expected to create any adverse environmental effects. Any

potential land contamination issues in the northern portions will be managed through

the proposed EAO.

Social Effects

The amendment will facilitate the development of vacant land that has become

surplus to the State’s transportation requirements. It will contribute to housing needs.

No adverse social impacts are anticipated to be generated as a result of the

proposed rezoning.

Economic Effects

The amendment is expected to generate positive economic effects for the following

reasons:

The proposed rezoning will facilitate the sale of disused and surplus rail land

by VicTrack.

It will facilitate the redevelopment of a currently vacant and underutilised site

for residential purposes.

The residential use of the land complements the existing uses of the

surrounding area. Redevelopment of the land will generate jobs within the

Shire.

It is anticipated that future residents are likely to shop locally and contribute to

the local economy.

DOES THE AMENDMENT ADDRESS RELEVANT BUSHFIRE RISK?

The amendment will not result in any increase to the risk to life, property, community

infrastructure and the natural environment from bushfire.

DOES THE AMENDMENT COMPLY WITH ALL THE RELEVANT MINISTER’S DIRECTIONS?

This amendment is consistent with Ministerial Direction – The Form and Content of

Planning Schemes.

Ministerial Direction No. 1 – Potentially Contaminated Land seeks to ensure that

potentially contaminated land is suitable for a use that is proposed to be allowed

under an amendment to a planning scheme and which could be significantly

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adversely affected by any contamination.

An environmental audit assessment has been completed for the southern portion of

the site and a Certificate of Environmental Audit has been issued to confirm that the

northern portion of the land is also suitable for all types of beneficial uses.

It is proposed to apply an Environmental Audit Overlay to the balance of the site in

accordance with the requirements of Ministerial Directions. No. 1.

Ministerial Directions No. 9 – Metropolitan Planning Strategy seeks to ensure that

planning scheme amendments have regard to Plan Melbourne: Metropolitan

Planning Strategy (Department of Transport, Planning and Local Infrastructure,

2014).

Plan Melbourne includes Somerville within the Southern Sub-region. The population

within this Sub-region is expected to grow by between 400,000 to 480,000 people by

2031. To accommodate the expected population growth, it is expected that an

additional 165,000 to 205,000 dwellings will be required by 2031. The subject site is

located in an Urban Area within the Metropolitan Urban Boundary.

The proposed rezoning is consistent with the vision of Plan Melbourne. It will create a

modest opportunity to accommodate some of the expected population growth and

support the 20 minute neighbourhood concept. The proposed DPO19 will ensure that

the future development outcome is appropriate at this location.

The proposed amendment complies with the Ministerial Directions. No. 9.

Ministerial Direction No. 11 – Strategic Assessment of Amendments seeks to ensure

a comprehensive strategic evaluation of a planning scheme amendment and the

outcomes it produces.

A strategic assessment of the proposed amendment has been undertaken in

accordance with this Ministerial Direction.

Ministerial Direction No. 16 – Residential Zones seeks to guide planning authorities

about applying the Residential Growth Zone, General Residential Zone and

Neighbourhood Residential Zone through a planning scheme amendment.

Amendment C179 to the Mornington Planning Scheme approved the use of the

GRZ1 for all land within the Mornington Peninsula Shire that was previously in the

Residential 1 Zone. It has been determined that the most appropriate underlying use

of the subject site is residential. GRZ1 now applies to all adjoining (non-railway and

non-arterial road) land. The extension of this zone to the subject site is appropriate

and complies with Ministerial Direction No. 16.

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Southern Sub-region Map, Plan Melbourne page 182

DOES THE AMENDMENT SUPPORT OR IMPLEMENT THE STATE PLANNING POLICY

FRAMEWORK (SPPF)?

The elements of the SPPF that are most relevant to the Planning Scheme

Amendment include:

Clause 9 – Plan Melbourne;

Clause 10 – Operation of the State Planning Policy Framework;

Clause 11 – Settlement;

Clause 12 – Environmental and Landscape Values;

Clause 15 – Built Environment and Heritage:

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o Clause 15.01 Urban Environment;

o Clause 15.02 Sustainable Development;

Clause 16 – Housing; and

Clause 18 Transport.

Clause 9 ‘Plan Melbourne’ requires that planning and responsible authorities must

consider Plan Melbourne: Metropolitan Planning Strategy (Department of Transport,

Planning and Local Infrastructure, 2014). This is the same requirement as Ministerial

Directions No. 9.

The proposed Amendment complies with Ministerial Direction No. 9. For this reason,

the proposed amendment is consisted to also comply with the requirements of

Clause 9.

Clause 10 ‘Operation of the State Planning Policy Framework’ seeks to ensure

that the objectives of planning in Victoria (as set out in Section 4 of the Planning and

Environment Act 1987) are fostered through appropriate land use and development

planning policies and practices which integrate relevant environmental, social and

economic factors in the interests of net community benefit and sustainable

development.

The proposal supports this goal by applying the most appropriate zone and overlay

controls to the subject site and will deliver a net community benefit

Clause 11 ‘Settlement’ provides that planning is to anticipate and respond to the

needs of existing and future communities through the provision of zoned and

serviced land for housing, employment, recreation and open space, commercial and

community facilities and infrastructure. Planning is to facilitate sustainable

development that takes full advantage of existing settlement patterns, and investment

in transport and communication, water and sewerage and social facilities.

The subject site is located adjacent to an established residential area. The proposed

amendment is an orderly and minor extension of the current GRZ1. The proposed

use of the subject site will complement the existing land use pattern.

Clause 12 ‘Environmental and Landscape Values’ seeks to ensure that planning

protects sites that have environmental and landscape values.

The site has limited environmental and landscape values. One of the features of the

site is its vegetated frontage. The Amendment seeks to apply DPO19 onto the site,

which (inter alia) requires this vegetated frontage to be retained and improved

25

through appropriate landscaping.

Clause 15.01 ‘Urban environment’ seeks to create safe, functional and good quality

urban environments. Clause 15.02 ‘Sustainable development’ seeks to promote

consolidation of urban development and integration of land use and transport.

The proposed Schedule to Development Plan Overlay requires the site to be

developed in the future for an integrated medium density residential development. It

also sets out requirements with regard to dwelling density, building height, provision

of communal open spaces on-site, vehicle access, landscaping and acoustic

amenity. This will ensure that the objectives of Clause 15.01 are met.

The proposed rezoning will facilitate residential development at a location to the

immediate south of an existing train station. This is consistent with the relevant

strategies at Clause 15.02.

Clause 16 ‘Housing’ states that new housing should have access to services and be

planned for long term sustainability, including walkability to activity centres, public

transport, school and open space.

The subject site is located in an area that has good access to a wide range of

existing commercial, community and transport infrastructure. The proposed

amendment supports the objectives of this Clause.

Clause 18 ‘Transport’ states that planning should ensure an integrated and

sustainable transport system that provides access to social and economic

opportunities, facilitates economic prosperity, contributes to environmental

sustainability, coordinate reliable movements of people and goods, and is safe.

The proposed amendment will facilitate redevelopment of the land for residential

purposes adjacent to Somerville Train Station. The proximity to existing public

transport facility promotes the use of more sustainable modes of transport.

HOW DOES THE AMENDMENT SUPPORT OR IMPLEMENT THE LOCAL PLANNING POLICY

FRAMEWORK (LPPF) AND, SPECIFICALLY, THE MUNICIPAL STRATEGIC STATEMENT

(MSS)?

The following Clauses of the Municipal Strategic Statement (MSS) are relevant to the

proposed amendment:

Clause 21.03 – Mornington Peninsula – Regional Role and Local Vision;

Clause 21.04 – Mornington Peninsula Strategic Framework Plan;

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Clause 21.06 – Strategic Framework and the Peninsula’s Settlement Pattern;

and

Clause 21.07 – Guiding Future Township Development.

Clause 21.03 ‘Mornington Peninsula – Regional Role and Local Vision’ seeks to

maintain the established growth boundaries of townships and acknowledges that

there is a need for coordinated planning in the improvement of established areas.

This may be achieved through integrated local area planning, which encompasses

social, economic and environmental dimensions, and aims to create new

communities rather than residential estates.

Clause 21.04 ‘Mornington Peninsula Strategic Framework Plan’ provides a

framework for balanced development and sustainable land use on the Peninsula. It

aims to maintain the long-term economic, social and environmental values of

Mornington Peninsula.

This states that ‘achieving balance does not mean trying to accommodate all land

uses in all locations; it means making the most of each area’s particular strengths

and respecting limit. The Strategic Framework Plan identifies locations where specific

land use outcomes will be supported and promoted as well as areas where some

forms of use and development will be excluded. The aim is to define a positive role

for each area of the Peninsula having regard to the particular characteristics of each

area and the full range of the community’s needs and values’.

This Clause includes the following relevant strategic directions:

Supporting and strengthening the hierarchy of towns and villages on the

Peninsula, having regard to their individual character and functions, their

relationships to each other and to adjacent rural, coastal and port

development areas.

Defining township growth boundaries as a method of focusing future

development in the major towns. This strategy of distributing future population

growth also depends on containing other townships and villages within

existing established boundaries.

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Clause 21.04 Mornington Peninsula Strategic Framework Plan

Clause 21.06 ‘Strategic Framework and the Peninsula’s Settlement Pattern’

seeks to strengthen the major centres of the Peninsular by consolidating future

population growth within their defined growth boundaries.

Clause 21.07 ‘Guiding Future Township Development’ recognises that planning

for future townships require a range of land use issues to be considered. With

respect to residential development, Council is committed to servicing and developing

communities and promoting equity of access to a broad range of services and

programs. It also acknowledges that the Shire has experienced an increased

demand for medium density housing due to population growth and changing

demographic profile. However, there is a concern that in some areas, the cumulative

effect of market driven changes may adversely affect the existing local characters

that are valued by residents.

The proposed amendment supports the relevant objectives and goals of the MSS for

the following reasons:

The proposed amendment facilitates development of a currently vacant and

disused parcel of land within an established urban area. It will achieve an orderly

planning outcome;

The subject site is located within close proximity to a wide range of existing

facilities and services. It is well suited to accommodate an integrated residential

Subject Site

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development at a medium density;

The proposed requirements of DPO19 will ensure that the housing product will

meet the evolving demands of the residents; and

The proposed DPO19 contains built form, landscaping and amenity requirements

to ensure that any elements of valued character of the area are considered and

an appropriate outcome is achieved in terms of amenity.

Clause 22.13 ‘Township Environment’ is the only policy under the Local Planning

Policies (LPP) that is relevant to the proposed amendment. The purpose of this

policy is to highlight a number of areas where attention is necessary to support major

strategic directions. This includes management of waste water discharge, stormwater

management, management of potentially contaminated land and energy efficiency in

the design of new development.

This Clause has only limited relevance to the proposed amendment because it

proposes the rezoning of the land only. It is considered that matters are appropriately

addressed at the planning permit stage of a development application.

An environmental audit has been undertaken for the southern portion of the subject

site. A Certificate of Environmental Audit has been issued, which confirms that land is

suitable for all beneficial uses. An environmental assessment has not been

undertaken for the balance of the subject site, but will be addressed through the

application of an EAO.

DOES THE AMENDMENT MAKE PROPER USE OF THE

VICTORIA PLANNING PROVISIONS?

The Purpose of the General Residential Zone is:

To implement the State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local

planning policies.

To encourage development that respects the neighbourhood character of the

area. To implement neighbourhood character policy and adopted

neighbourhood character guidelines.

To provide a diversity of housing types and moderate housing growth in

locations offering good access to services and transport.

To allow educational, recreational, religious, community and a limited range of

other nonresidential uses to serve local community needs in appropriate

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locations.

The subject site is located next to an established residential area and adjoins land in

a GRZ1. The purpose of the zone is consistent with the desired and the most

appropriate underlying use of the site and the extension of it make proper use of the

VPP.

As the proposed amendment does not include any proposals to redevelop the land, it

is appropriate to resolve matters relating to potential development outcome at a later

date. The introduction of a Schedule to DPO to the entire subject site provides the

appropriate mechanism under the VPP to ensure appropriate design outcomes.

The application of a DPO requires the resolution of site specific consideration before

development (or subdivision) of the land may occur.

The introduction of a DPO is consistent with the purpose of this overlay control and is

an appropriate use of this tool.

The application of the EAO will address any issues relating to potentially

contaminated land in accordance with Practice Note No. 46 and Ministerial Directions

No. 1.

The application of both overlay controls makes proper use of the VPPs and will not

make any existing provisions in the Mornington Peninsula Planning Scheme

redundant.

HOW DOES THE AMENDMENT ADDRESS THE VIEWS OF

RELEVANT AGENCIES?

The Department of Economic Development, Jobs, Transport and Resources has

confirmed that it has consulted with Public Transport Victoria and does not object to

the proposed rezoning.

The proposed amendment does not have any other formal or informal referral

requirements. Future preparation of the Development Plan and/or development of the

land will be referred to the relevant agencies. The conditions required by the referral

authorities will be included in any permit for development that is to be issued or as

part of the Development Plan requirements.

DOES THE AMENDMENT ADDRESS THE REQUIREMENTS OF THE TRANSPORT INTEGRATION ACT 2010?

The development and use envisaged will not have a significant effect on the transport

system. The subject site has not been used (or required) for transport purposes for

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some time. VicTrack operates under the Transport Integration Act 2010 and it

confirms that the land is surplus to its operational requirements. The Department of

Economic Development, Jobs and Resources and Pubic Transport Victoria have

both confirmed that they do not require the subject site for any transport needs.

WHAT IMPACT WILL THE NEW PLANNING PROVISIONS HAVE ON THE ADMINISTRATIVE COSTS OF THE RESPONSIBLE AUTHORITY?

The proposed amendment is not considered to have any significant impact on the

resource and administrative costs of the responsible authority.

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7. CONCLUSION

The proposed planning scheme amendment warrants Council’s support for the

following reasons:

The subject site is surplus to the State’s transport requirements. VicTrack has

received written support from DEDJTR to dispose of the site.

VicTrack has followed the requirements of VGLM. The first right of refusal to

purchase the land has been offered to a wide range of State and local

government organisations. There has been no interest to acquire the land

from any of these organisations. VicTrack must now dispose of the site via a

public sales process.

In accordance with the VGLM’s requirements, the most appropriate zoning for

the land must be put in place before the sale of the land. The proposal meets

this requirement.

The subject site is located within the Somerville Township area and is located

close to the Somerville Activity Centre and public transport options. It is

ideally located to support a diversity of housing types and contribute to

housing growth.

The proposed GRZ1 is the most appropriate zone for the land and supports

the relevant objectives of the State and Local Planning Policy Frameworks.

The proposed rezoning will provide a net community benefit by facilitating use

and development outcomes consistent with the surrounding area and will

deliver additional housing to an existing urban area with excellent access to a

wide range of existing infrastructure.

The proposed Schedule 19 to DPO provides clear direction on the future

development of the site. It outlines the site specific issues that require

resolution before development of the land may occur.

An EAO is proposed for the northern portion of the site where an

environmental assessment has not been undertaken; and

The amendment provides a fair, orderly and transparent process for the

rezoning of the site.

GLOSSOP TOWN PLANNING PTY LTD December 2015

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8. APPENDIX A – DRAFT SCHEDULE 19 TO THE DPO