4.1. AMENDMENT C119 TO THE MONASH PLANNING ...2014/01/28 · Council Meeting, 28 January 2014 Section 4.1 – Page 1 Amendment C119 To The Monash Planning Scheme - Translation To

Council Meeting, 28 January 2014 Section 4.1 – Page 1

Amendment C119 To The Monash Planning Scheme - Translation To The New Residential Zones

4.1. AMENDMENT C119 TO THE MONASH PLANNING SCHEME TRANSLATION TO THE NEW RESIDENTIAL ZONES (TP409: BG: HM)

EXECUTIVE SUMMARY:

In early 2013 the Minister for Planning announced that all existing residential zones were to be replaced by three new zones. The Minister has also advised that all residential areas will be automatically rezoned to the GRZ – General Residential Zone if Councils have not finalised an amendment to implement the new residential zones by 1 July 2014. A staged approach to the implementation of the new residential zones is proposed. Amendment C119 proposes a policy neutral translation of the existing residential zones as a first stage. This is to be followed by a more detailed review informed by strategic work currently being developed as part of the Municipal Strategic Statement (MSS) review and including an updated/revised Housing & Residential Strategy. The MSS review will include community consultation as part of a planning scheme amendment process in 14/15. Amendment C119 proposes a policy neutral translation of the existing residential zones as a first stage.

Reason for Council Consideration: Amendment to the Monash Planning Scheme

Recommendation:- Request the Minister for Planning to prepare, adopt and approve amendment C119 to the Monash Planning Scheme to introduce the new residential zones via Section 20(4) of the Planning and Environment Act. (without exhibition)

RESPONSIBLE DIRECTOR: Sue Wilkinson

RESPONSIBLE MANAGER Peter Panagakos

RESPONSIBLE OFFICER Brian Goyen

WARDS Whole Municipality

EXISTING ZONING Residential 1 Zone Residential 2 Zone

PROPOSED ZONING Neighbourhood Residential Zone General Residential Zone Residential Growth Zone



RECOMMENDATION • That Council requests the Minister for Planning to prepare, adopt and

approve Amendment C119 to the Monash Planning Scheme, as attached to this report, pursuant to section 20(4) of the Planning and Environment Act (1987), (without exhibition)

• That Council authorises the Director City Development to finalise the C119 documentation and lodge the amendment request with the Minister for Planning.

BACKGROUND

In early 2013 the Minister for Planning announced that all existing residential zones were to be replaced by three new zones. They are: • NRZ - Neighbourhood Residential Zone • GRZ - General Residential Zone and Zone • RGZ - Residential Growth Zone. The Minister also advised that the GRZ - General Residential Zone will automatically replace all residentially land zoned on 1 July 2014 unless Council has submitted an amendment recommending implementation of the new zones based on their existing housing and residential strategies. To date, Council’s housing and residential strategies have been focussed on incremental growth across the municipality with higher residential growth within and adjacent to identified specific activity centre areas. The policies are some years old and in need of review to better inform Council of its future strategic direction. Further strategic work is required to update the Housing Strategy within the three tier framework of the new residential zones and this work is well underway. However, it is considered that any possible changes to policy should be consulted on as part of the development of a new Housing and Residential Strategy for Monash. The time frame for translation imposed by the Minister for Planning is very constrained given the extent of work and does not allow sufficient time for Council to complete the strategic work, prepare a Draft Housing and Residential Strategy, consult with the community, and prepare an amendment to the Monash Planning Scheme for the Minister’s approval.



Therefore a staged process is recommended. Stage 1: Request the Minister for Planning to prepare, adopt and approve a

policy neutral amendment, which translates the existing residential zones into the new zones. This would occur under Section 20(4) of the Planning and Environment Act 1987 which also exempts the Minister from any public notification requirements.

Stage 2: Prepare an amendment to the Monash Planning Scheme following

comprehensive community consultation on a revised Housing and Residential Strategy. This would seek to introduce any further zone and schedule changes to achieve the desired outcomes identified in the proposed new Housing and Residential Strategy for Monash. This will involve further strategic work to evaluate the way in which the new residential zones can be used and determine the appropriate outcomes for residential areas across Monash.

PROPOSAL:

Amendment C119 proposes to translate (policy neutral) the existing residential zones into the new residential zones.

Amendment C119 seeks to rezone:

• Properties within the HO – Heritage Overlay precincts into the NRZ – Neighbourhood Residential Zone. Built form character is significant in the HO precincts and the provisions of the NRZ reflects this significance. The NRZ and schedule reflects the current land use provisions of the current zone. Development in the NRZ would be limited to no more than two (2) dwellings on a site.

• The existing property rezoned R2Z - Residential 2 in Browns Rd to RGZ – Residential Growth. This new zone and schedule reflects current zone provisions. This site is fully developed.

• The majority of residential land in Monash into the GRZ - General Residential Zone. The land use/development provisions of the current R1Z are reflected in the GRZ provisions and the proposed Schedule 1 to the GRZ.

Application of the new residential zones detailed above is consistent with Department of Plannings Practice Note 78 which identifies the principles for applying the new zones. A map showing the extent of the proposed NRZ, GRZ and RGZ is attached. [Attachment 1]



Specifically Amendment C119 will:

• Insert: o Clause 32.07 - Residential Growth Zone; o Schedule 1 to the Residential Growth Zone; o Clause 32.08 - General Residential Zone; o Schedule 1 to the General Residential Zone; o Clause 32.09 - Neighbourhood Residential Zone; o Schedule 1 to the Neighbourhood Residential Zone;

• Apply these zones to the areas specified above;

• Delete: o Clause 32.01 - Residential 1 Zone; o Schedule 1 to the Residential 1 Zone; o Clause 32.02 - Residential 2 Zone; o Schedule 1 to the Residential 2 Zone;

The Schedules for each of the new NRZ - Neighbourhood Residential, GRZ - General Residential and RGZ - Residential Growth zones include all of the development requirements currently specified in the Schedule 1 to the R1Z - Residential 1 Zone. Copies of the C119 proposed new zone and schedule provisions of the Planning Scheme are attached. [Attachment 2]

AMENDMENT PROCESS AND CONSULTATION

It is considered that a Ministerial amendment is the most appropriate process to adopt to implement a policy neutral translation into the new residential zones. The Minister for Planning can use his power under section 20(4) of the Planning and Environment Act to prepare, adopt and approve an amendment to the Monash Planning Scheme. It should be noted that a Section 20(4) amendment does not include public consultation as part of the amendment process. Consultation is not considered necessary at this stage because the affect of the amendment maintains the status quo of the residential policy objectives of the Monash Planning Scheme. General information via media releases, Council’s web site, etc. Will be prepared to coincide with the request to the Minister to ensure that the community are aware of the following key messages: • Amendment C119 is recommended for Ministerial approval without

consultation, at this time, because it is policy neutral, • it is the first stage of a coordinated review of residential strategy and policy

across all residential areas in Monash,



• extensive public consultation will occur on the revised residential strategy and/or policy and this will include all future proposed zone changes,

• following a review of the responses received, Council will prepare a formal amendment to the Monash Planning Scheme.

The form of advice to the community will include press releases, detail in the Monash Bulletin and on Council’s web site. Opportunity for comment will also be provided on Council’s web site.

CONCLUSION

It is a State Government requirement that the new residential zones be implemented. On 1 July 2014, it is likely that all residential zones in Monash will be translated to a “generic” GRZ – General Residential zone. Amendment C119 pre-empts this change and retains in the Schedule to the zones, the development standards currently in the Monash Planning Scheme.

Amendment C119 is policy neutral.

The MSS review, which is currently underway, includes a review of Council’s residential strategy & policies and will inform any changes to planning zones in the future, as part of a standard amendment process in 2014/15.

Therefore it is considered appropriate to request the Minister for Planning to prepare, adopt and approve Amendment C119 to the Monash Planning Scheme, pursuant to section 20(4) of the Planning and Environment Act (1987), to translate the existing residential provisions into the new residential zones provisions as Stage 1 of the process to review and implement a new Housing and Residential Strategy for the City of Monash.



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Documents

4.1. AMENDMENT C119 TO THE MONASH PLANNING ...2014/01/28 · Council Meeting, 28 January 2014 Section 4.1 – Page 1 Amendment C119 To The Monash Planning Scheme - Translation To