REPORT TO Development Assessments Committee ITEM NO… · Mornington Peninsula Shire Council 1 REPORT TO Development Assessments Committee ITEM NO. 2.3.1 MEETING DATE Tuesday, 15

Mornington Peninsula Shire Council 1

REPORT TO Development Assessments Committee ITEM NO. 2.3.1

MEETING DATE Tuesday, 15 June, 2010

SUBJECT Mornington Peninsula Planning Scheme Amendment C109 – Request for Authorisation of a General Amendment

PREPARED BY Ana Borovic, Strategic Planner

AUTHORISED BY Manager – Strategic Planning

FILE NO. fA6033

ATTACHMENT(S) YES

EXECUTIVE SUMMARY The purpose of this report is twofold. It recommends that: • Council seek Ministerial authorisation for a general amendment to the Mornington Peninsula

Planning Scheme (MPPS) to address a range of matters the most significant being:

− New planning provisions for the Woodthorpe Estate, Rosebud (to replace an earlier proposal that was authorised but never exhibited); and

− Six new Heritage Overlays (HO) including over the Shoreham village town centre.

• A redundant amendment proposal (C24) be abandoned. BACKGROUND Council previously resolved to request Ministerial authorisation of Amendment C109, including a number of amendment items, on 14 July, 2008. The original Council report can be found on the Shire website, in minutes from the Council Meeting on that date. Authorisation (AO1131) was granted but expired on 27 November, 2009 without the amendment being exhibited. The main reason for this was that discussions with the Department of Planning and Development (DPCD) after the authorisation indicated that the amendment would have a much greater chance of success if the item involving a proposed Local Policy over the Woodthorpe residential precinct were to be replaced by a new Design and Development Overlay Schedule (DDO). To proceed with the amendment in this form, a new authorisation is needed. The circumstances have changed since the original authorisation, necessitating the changes to Amendment C109 outlined below. The full list of items in the revised Amendment C109 is summarised in Attachment 1 (Explanatory Report). Removed Items

• Items 781 and 804 – Removing Restructure Overlay over a number of properties (all those requests have been included with the Amendment C126, currently on exhibition); and

• Item 791 – Heritage protection of railway house and surrounds in Somerville. The house has

been destroyed by a fire. Altered Items

Item 433 remains in the amendment but with a new Schedule 17 to DDO. Unchanged Items

Item 792 remains in the amendment as it was originally authorised.

Development Assessments Committee Meeting – Tuesday, 15 June, 2010 Mornington Peninsula Planning Scheme Amendment C109 – Request for Authorisation of a General Amendment (fA6033) ITEM NO. 2.3.1


BACKGROUND (CONT’D) New Items A total of 13 new items have been added to this amendment. Some of these have impacts upon other amendments and these are noted below. Five New Heritage Overlays These include: • Former St. Macartans Primary School and Convent; • 2461, 2463 and 2465 Point Nepean Road, Rye; • Spring Farm, 245 Mornington-Tyabb Road, Moorooduc; • Former RSL Memorial Hall, Dromana; and • Shop, 187 Mount Eliza Way, Mount Eliza.

The introduction of a Heritage Overlay over the RSL Memorial Hall, Dromana has been previously supported by Council and was to be included in Amendment C116 (authorised in November 2008) but it is considered that it would progress more quickly under this new amendment since other items in C116, relating to technical changes of the Special Use Port Related Zone, have been deferred pending decisions by Government on the Port of Hastings’ strategy.

Revision of Design and Development Overlay – Schedule 11 Applies to area north of Tower Road, Mount Eliza – Item R741 and Item R771. R741 proposes technical changes to the wording of the DDO11 to correct a wording anomaly and make the DDO11 provisions clearer and easier to implement. The related item R771 makes a technical change to better secure the Public Open Space contributions for the same area. R771 was the basis of a previous amendment request (C112) submitted to the Minister for Planning on 6 June, 2008 for an amendment without exhibition, under Section 20(4) of the Planning and Environment Act 1987 (the Act). The Minister has not responded to this request and the DPCD has expressed the view that this type of proposal did not warrant exemption from giving notice.

Rezoning of Land in Milne Street, Crib Point from part Residential 1 Zone and part Public Use Zone to Public Conservation and Resource Zone The land included in the Public Use Zone (PUZ) was previously considered to be surplus Crown Land and was the subject of an earlier Amendment C24 that proposed that it be rezoned Residential Zone 1 (R1Z). However, since this time its Crown Land reservation has changed and it is now reserved for the purpose of the conservation of an area of natural interest. Given this change a related recommendation of this report is that Amendment C24 be abandoned.



BACKGROUND (CONT’D) New Items (Cont’d) Rezoning of Land in Milne Street, Crib Point from part Residential 1 Zone and part Public Use Zone to Public Conservation and Resource Zone (Cont’d) Amendment C24 was previously adopted by Council subject to a number of conditions relating to another unrelated item (refer to minutes of Council Meeting on 9 November, 2000) but these conditions were never complied with and the amendment was never submitted to the Minister for approval. That unrelated item was subsequently approved in a later amendment, Amendment C73 Part 1, meaning that there is now no impediment to the abandonment of Amendment C24. PROCESS If the preparation of Amendment C126 is supported by Council, future processing would involve: • Seeking the Minister’s authorisation to proceed under Section 8A of the Act; • Exhibiting Amendment C109 for one month, including individual notices to all owners and

occupiers, a newspaper advertisement and display on the Shire’s website and Shire offices;

• The appointment of an Independent Panel to consider any submissions referred by Council; and • Council considering all prescribed matters including any submissions and any panel report and

deciding whether or not to adopt C109 and submit it to the Minister for approval. Council has a role as a Planning Authority, under the Act and under Section 12(2) of the Act, if preparing an amendment, to undertake the following: • Must have regard to the Minister’s directions; • Must have regard to the Victoria Planning Provisions;

• Must have regard to any Municipal Strategic Statement (MSS), Strategic Plan, policy statement,

code or guideline which forms part of the Scheme;

• Must take into account any significant effects which it considers the Scheme or amendment might have on the environment or which it considers the environment might have on any use or development envisaged in the scheme or amendment; and

• May take into account its social and economic effects. These matters are considered as set out in the Explanatory Report in Attachment 1. POLICY CONTEXT The policy context is set by the policy framework of the Planning Scheme and the Metropolitan Strategy ‘Melbourne 2030’. The attached Explanatory Report for the amendment sets out a detailed policy context for the amendment.



DISCUSSION This amendment consists of 14 general items. Please note that the background and justification for each of the items is discussed in greater detail in the attached Explanatory Report – see Attachment 1. The following information is essentially an additional overview, mainly of the circumstances that have led to items being included in/or being removed from this amendment. Removal of Heritage Protection in Somerville – Item 791 The station house at 1100 Frankston-Flinders Road, together with the surrounding garden on the adjoining lot, had been identified as contributory to the establishment of the Stony Point railway line and recommended for inclusion in a Heritage Overlay in Hastings Distinct Heritage Study (2001). The Minister had approved an interim amendment to temporarily protect the land in question. Amendment C108, which applied an Interim Heritage Overlay to 1100 Frankston-Flinders Road, and adjoining land being part of 79 Station Street, Somerville, was gazetted on 18 December, 2008. This interim overlay is marked as HO341 in the Planning Scheme. The house was recently damaged in a fire to such an extent that demolition was the only safe option. Application of a permanent Heritage Overlay is not relevant any more, therefore authorisation is also needed to remove the interim HO341 from the Planning Scheme. Change to Proposed Controls in Woodthorpe Area in Rosebud West – Item 433 The original approach to protection of residential character in the Woodthorpe area was the proposed introduction of a Local Policy that prescribed set of criteria for future applications. After the authorisation, work on the policy and consultations with DPCD highlighted that the Local Policy, although authorised, was unlikely to receive support from DPCD for approval. It was agreed that introduction of a DDO in the area would be a better way to control development. Removal of the Local Policy from the original amendment has also removed the need for changes to the MSS which were originally made to refer to that policy. Change to the Schedule to Public Open Space Contributions – Item 771 When the DDO11 was originally introduced north of Tower Road in Mount Eliza, via MPPS Amendment C42, a Development Contributions Plan Overlay (DCPO) had also been proposed. The Panel had found that Council’s approach to use both DPCO and Section 173 Agreement (implemented as part of the proposed DDO) was not needed, and that “subject to minor changes set out in its recommendations, the exhibited DCPO {was} the appropriate mechanism to fund the infrastructure that will be required when existing lots in this area are subdivided.” Council agreed (refer to Minutes of Development Assessments Committee Meeting of 8 November, 2004) that the use of both a DCPO and Section 173 Agreement was an unnecessary duplication. At the time there had been ongoing uncertainty regarding the use of DCPO, particularly for relatively small areas of infill development, such as that involved in the Amendment C42. Subsequent discussion with DPCD indicated that a requirement for contributions through a Section 173 Agreement would be supported in this case, and would further simplify the amendment.



DISCUSSION (CONT’D) Change to the Schedule to Public Open Space Contributions – Item 771 (Cont’d) It was intended that if a land owner wanted to subdivide, they would be responsible for the upfront funding of all required works. The requirement for subsequent subdividers to pay an (indexed) contribution was simply a mechanism to enable some degree of cost recovery by the initial subdivider. Council would at no stage take on responsibility for funding any part of the required infrastructure. However, a later technical concern raised by the Victorian Civil and Administrative Tribunal (VCAT) relating to the ability to require an increase in public open space (POS) contribution through the provisions of the existing DDO11 has underlined the potential problems that may arise in subsequent subdivisions. Following this concern, the Shire has asked DPCD to process the application to amend Schedule to Clause 52.01 – Public Open Space Contribution and Subdivision, to require additional open space contributions in the area affected by DDO11, as part of Amendment C112. Given the clear technical nature of the proposal, it was intended for the proposal to be exempted from giving notice (a Section 20(4) Amendment), however DPCD considered that the circumstances do not warrant a Section 20(4) Amendment. In simple words, this amendment removes provisions for contributions to Public Open Space from existing DDO11 and puts them, more appropriately, into Clause 51.02. It does not change the nature of the provisions. Clearer DDO11 Provisions – Item 741 The purpose of this request is to change technical wording to the DDO11 to ensure that the buildings and works provisions that are under ‘3.0 -Subdivision’ have their intended effect on all development, not just on subdivision. To clearly illustrate proposed changes, the original document with tracked changes has been shown in Attachment 9. Rezoning of Milne Street Bushland Reserve – Item 913 Crown Allotments 16D, 16E, 16F and 16G are zoned mainly residential (part of CA 16E is included in the Public Use Zone, as is the adjacent school area). All of these lots are included in the Milne Street Bushland Reserve, as recommended by Victorian Environmental Assessment Council and are reserved for the Conservation of an Area of Natural Interest. The designation of the land as a conservation reserve has resulted in a request for rezoning to the more appropriate Public Conservation and Resource Zone (PCRZ). This is a new request (R913) and forms part of this amendment. It is a ‘straightforward’ request given that the Minister for Environment and Climate Change has already appointed a Committee of Management for this area. Rezoning of 31 Beach Drive, Hastings – Item 929 This rezoning item is a correction of an anomaly. The land is currently zoned PCRZ, although it is private land and used for the operation of a business. The proposed zone is a Special Use Zone 1, which applies to the surrounding area.



DISCUSSION (CONT’D) Correction of Mapping Errors – Items 935 and 919 Item 935 Heritage Overlay HO302 over Lord Somers Camp does not cover the area mentioned in the citation. The HO302 applied to the then current title land (148 Lord Somers Road). However, the actual camp property under this address includes also Lot 150 and Lot 1, which were mistakenly left out when the HO was applied. The HO includes “the current title land, planting and structures from the 1930’s, including the sleeping huts, canteen and dining room, camp square, outdoor cinema, playing fields and mature tree rows and specimens”. This citation is not proposed to change. Item 919 The Public Use Zone (PUZ2) intended for the Sorrento Preschool, applies to lots 20 and 22 Darling Road, when it should apply to 18 and 20 Darling Road. Item 919 proposes to rectify this by rezoning Lot 18 to R1Z (being privately owned and in residential use) and Lot 22 to PUZ2 (being a part of the Shire’s land used for the Preschool). Heritage Overlays – Items 792, 942, 943, 945, 805 and 947 Six places that are proposed to have a Heritage Overlay applied have been brought to the Shire’s attention as potentially significant. Heritage significance on the Shoreham land is described in a Statement of Significance that has been prepared by Heritage Victoria and forwarded to the Mornington Peninsula Shire Council as an attachment to a letter dated 14 May, 2008. This Statement of Significance is included in Attachment 3. The Shire has appointed a qualified heritage consultant to provide citations on five other places and to determine their significance. Those reports are included in Attachments 4 – 8 inclusive. Officer Direct or Indirect Interest No person involved in the preparation of this report has a direct or indirect interest requiring disclosure. COMMUNITY PLAN The amendment is in accordance with the Community Plan. Outcome 1.2.3 is “to enhance the character of settlements in the design of public spaces and places.” This desired outcome is in accordance with the rezoning of Milne Street Bush Reserve. Objective 1.5.1 is “to identify places and mechanisms for the protection of natural and cultural heritage.” This desired outcome is in accordance with the proposed new heritage items and the correction of Lord Somers Camp Heritage Overlay area.



COMMUNITY PLAN (CONT’D) Goal 5 of the Community plan is “Being responsive, accountable and forward looking”, in which the plan is to “embrace the principles of continuous improvement and best practice to ensure that we deliver reliable, efficient and effective services to the community.” One of the outcomes (5.3.3) is “to monitor and minimise our risk exposure”, and this is achieved by reducing the opportunity for VCAT challenges by rewriting ambiguous parts of current DDO11. FINANCIAL ISSUES The Amendment is not expected to impose significant extra expenses or cause financial burden, although a Panel may be required if opposing submissions are received. Overcoming technical obstacles to the requirement of an additional open space contribution in Tower Road will provide additional resources for the purpose of acquiring and developing Public Open Space in that area. SUSTAINABILITY IMPLICATIONS The Amendment is not expected to have any adverse environmental, economic or community outcomes. It will provide for easier implementation of open space contributions, and protect various areas on the Peninsula, including Shoreham Village Centre Precinct and Woodthorpe Estate, from inappropriate development. CONCLUSION The proposed general amendment mainly deals with issues that have already brought forward, in several different amendments. It has brought together related issues and clarified ways to target certain goals. It also removes a superseded overlay, thus correcting a red tape issue, and introduces new Heritage Overlays to protect significant land on the Peninsula. For those reasons, it is recommended that Amendment C109 should proceed to the exhibition stage. RECOMMENDATION

1. That Council seeks the authorisation of the Minister for Planning pursuant to Section 9(2) of the Planning and Environment Act 1987 to prepare a general amendment to the Mornington Planning Scheme, in accordance with changes as shown in Attachments 1 and 2.

2. That Council, as a Planning Authority, under Section 28 of the Planning and

Environment Act 1987, advises the Minister for Planning that it has abandoned Mornington Peninsula Planning Scheme Amendment C24.

Documents

REPORT TO Development Assessments Committee ITEM NO… · Mornington Peninsula Shire Council 1 REPORT TO Development Assessments Committee ITEM NO. 2.3.1 MEETING DATE Tuesday, 15