planning and environment act 1987 - city of boroondara · the panel has prepared the boroondara...

Planning and Environment Act 1987

Correction to Panel Report

Boroondara Planning Scheme Amendment C229

Implementation of 2011 Planning Scheme Review

22 June 2016

Planning and Environment Act 1987

Correction to Panel Report pursuant to Section 25 of the Act

Boroondara Planning Scheme Amendment C229

Implementation of 2011 Planning Scheme Review

22 June 2016

David Merrett, Chair Annabel Paul, Member

Boroondara Planning Scheme Amendment C229 Correction to Panel Report 22 June 2016

Contents Page

1 Erratum ...................................................................................................................... 1

1.1 Issues raised ............................................................................................................ 1 1.2 Panel response ........................................................................................................ 1 1.3 Revisions .................................................................................................................. 2 1.4 Notice to submitters ................................................................................................ 3

Appendix A Letter from Council


Overview

Amendment Summary

The Amendment Boroondara Planning Scheme Amendment C229

Common Name Implementation of 2011 Planning Scheme Review

Planning Authority Boroondara City Council

Exhibition 10 September to 12 October 2015

Panel Process

The Panel Mr David Merrett (Chair) and Ms Annabel Paul (Member)

Directions Hearing Planning Panels Victoria, 2 February 2016

Panel Hearing Planning Panels Victoria, 10 and 11 March 2016

Submissions 18 submissions

Date of Panel Report 2 May 2016

Date of corrections Panel Report

22 June 2016


Page 1 of 3

1 Erratum

This report is to be read in conjunction with the Boroondara Planning Scheme Amendment C229 Panel Report dated 2 May 2016.

1.1 Issues raised

Planning Panels Victoria received a letter from the City of Boroondara (Council) on 24 May 2016, which is provided in Appendix A. In its letter Council raises issues which it believes are ‘factual errors’ and a lack of clarification about post exhibition changes to the Amendment.

Other issues raised are matters of opinion and are not considered further in this report.

1.2 Panel response

The Panel appointed to consider Boroondara Planning Scheme Amendment C229 has reviewed these items and offers the following response:

Council provided the Panel with a post exhibition version of the Amendment, which included some changes in response to submissions. This was in response to Panel Direction 9(e). It is this post exhibition version of the Amendment dated 10 March 2016 (first day of the Hearing) on which the recommendations contained in the Panel Report are based upon. The Panel report dated 2 May 2016 incorrectly referred to this as the exhibited version.

The Panel accepts these post exhibition changes, unless otherwise varied through recommendations below.

In clarifying the above point, some recommendations are to be deleted as the change proposed is already identified in the post exhibition version of the Amendment.

Chapter 9 of the Panel Report recommends that the public open space contribution proposed to be retained in Clause 22.04 (Public open space contribution) of 5 per cent be translated into the schedule to Clause 52.01 (Public open space contribution and subdivision). The Panel accepts that the level of the contribution becomes a mandatory requirement which differs from the ability to vary this requirement proposed in the local policy. Until further work has been completed, the Panel accepts that it should remain as a discretionary element in the local policy.

One additional recommendation is included to reflect Council’s support of a change outlined its closing submission.

It is noted that some of the changes agreed to by Council during the course of the hearing are reflected in the Panel’s recommendations.

The Panel has categorised the recommendations based upon which part of the planning scheme is changed.


Page 2 of 3

1.3 Revisions

Having considered the above, the Panel recommends that the following changes be made to the Panel Report dated 2 May 2016:

Municipal Strategic Statement

Amend Recommendation 7 to read: 1.

Amend Clause 21.03‐5, Strategy 9.4 to:

Protect trees in the public and private realm and maintain the tree canopy to reduce the impacts of urban heat

Delete Recommendation 10 2.




Local Planning Policies



Amend Clause 22.03‐3 (Significant Heritage Places ‐ Additions and New Buildings) by: a) Amending the 6th dot point to:

Use design details which complement the design of the heritage place (including, but not limited to the type and form of windows, doors, architectural features and verandahs). Design details of new buildings and works should either be;

Interpretive, that honestly admit their modernity while relating to the heritage character of their surroundings, or

A replication of historic forms and detailing b) Delete the 7th dot point that reads:

Support the replication of historic forms and detailing


Amend Clause 22.03‐3 (Contributory Heritage Places ‐ Additions and New Buildings) by: a) Amending the 4th dot point to:

Use design details which complement the design of the heritage place (including, but not limited to the type and form of windows, doors, architectural features and verandahs). Design details of new buildings and works should either be;


Page 3 of 3

Interpretive, that honestly admit their modernity while relating to the heritage character of their surroundings, or

A replication of historic forms and detailing.

b) Delete the 6th dot point that reads:

Support the replication of historic forms and detailing.



Add the following new recommendation: 11.

Amend Clause 22.02‐5 (Application requirements) by adding:

The rationale for exceeding the specified height limits

Panel Report

Delete Footnote 6 on page 14 of the Panel Report 12.

Amend Section 3.2(i) to read: 13.

The Amendment does not propose to rezone any land. However, it proposes to:

Amend the GRZ5 to include the application requirements and decision guidelines set out in the General Residential Zone Schedules 1, 2, 3 and 4

Amend the NRZ3 to include the application requirements and decision guidelines set out in the General Residential Zone Schedules 1, 2, 3 and 4.

The Panel has prepared the Boroondara Planning Scheme Amendment C229 Panel Report – Erratum dated 22 June 2016 that incorporates these changes.

1.4 Notice to submitters

Council has publically released the Boroondara Planning Scheme Amendment C229 Panel Report dated 2 May 2016. Council should notify the submitters to the Amendment of the changes made to the Panel Report.


Appendix

Appendix A Letter from Council


Appendix

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