Planning and Environment Act 1987
MOONEE VALLEY PLANNING SCHEME
AMENDMENT C145
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by Moonee Valley City Council, which is the
planning authority for this amendment.
Land affected by the amendment
This amendment applies to the Newmarket Railway Station complex and associated
land at 340 Racecourse Road, Flemington, including the station buildings and platforms,
pedestrian subway, mature trees, and northern section of the railway bridge over
Racecourse Road in the City of Moonee Valley (hereafter referred to as the ‘subject
land’) as indicated on the map below.
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What the amendment does
The amendment will apply the Heritage Overlay to the subject land.
Specifically, the amendment proposes to:

Update the Schedule to the Heritage Overlay (Clause 43.01) of the Moonee Valley
Planning Scheme by including the subject land, and to apply the City of Moonee
Valley Permit Exemptions Policy - Railway Heritage Places (May 2014) to the subject
land and to the following railway heritage places already included in the HO:

Pedestrian footbridge, Railway Place West (HO104)

Bloomfield Road Rail Overbridge, Ascot Vale (HO163)

Moonee Ponds Railway Station (HO248)

Ascot Vale Railway Station (HO295)

Maribyrnong Road Bridge (HO296)

Eglinton Street Pedestrian Bridge (HO297)

Railway Trestle Bridge, Moonee Ponds Creek (HO342).

Amend Planning Scheme Map 15HO to include the subject land in the HO.

Amend the Schedule to Clause 81.01 to include the City of Moonee Valley Permit
Exemptions Policy - Railway Heritage Places (May 2014) as an incorporated
document in the Moonee Valley Planning Scheme.
Strategic assessment of the amendment
 Why is the amendment required?
The subject land contains the Newmarket Railway Station complex, which comprises
the station buildings and platforms dating from 1925, the pedestrian subway, the
bluestone and plate girder bridge over Racecourse Road (Note: only the northern half
of this structure is within the City of Moonee Valley and included in this amendment),
and mature trees including Peppers (Schinus molle), White or Silver Poplar (Populus
alba), Sugar Gums (E. cladocalyx) and a Fig (Ficus sp.) on both sides of the station.
The Newmarket Railway Station has been identified by heritage studies undertaken
by the City of Moonee Valley as being of potential heritage significance and an
assessment in May 2014 by David Helms Heritage Planning has confirmed that it is of
local historic and aesthetic significance. The citation for Newmarket Railway Station
complex forms part of the supporting documentation to this amendment.
An application under Section 29A of the Building Act 1993 has been made to
demolish part of the Up (east) side station building, which will impact upon the
significance of the station complex. The application of the heritage overlay will require
a planning permit for demolition, which will enable the heritage significance of the
station to be considered as part of the application.
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 How does the amendment implement the objectives of planning in
Victoria?
The amendment will implement the following objectives of planning in Victoria, under
Section 4 of the Planning and Environment Act 1987:
 4(1)(a) to provide for the fair, orderly, economic and sustainable use, and
development of land;
 4(1)(d) to conserve and enhance those buildings, areas or other places which are
of scientific, aesthetic, architectural or historical interest, or otherwise of special
cultural value;
 4(1)(f) to facilitate development in accordance with the objectives set out in
paragraph (d);
 4(1)(g) to balance present and future interests of all Victorians.
These objectives are implemented by this amendment through identification of and
protection of a place in Moonee Valley City Council that has historic and aesthetic
significance.
 How does the amendment address any environmental, social and
economic effects?
Environmental effects
The amendment will have a positive environmental impact through protecting a place
of historic and aesthetic significance.
Social effects
The amendment will have a positive social effect through the protection of a heritage
place for the benefit of current and future generations.
Economic effects
The amendment is expected to have no adverse economic impacts. The application
of the heritage overlay will not prohibit upgrading of the station, but will require the
potential impacts upon its historic and aesthetic values to be considered.
 Does the amendment address relevant bushfire risk?
There is no bushfire risk arising from this amendment.
 Does the amendment comply with the requirements of any Minister’s
Direction applicable to the amendment?
The amendment is consistent with the Ministerial Direction on the Form and Content
of Planning Schemes under section 7(5) of the Act.
The amendment has been evaluated in accordance with the strategic considerations
set out in Minister’s Direction No.11 Strategic Assessment of Amendments under
Section 12 of the Planning and Environment Act 1987 and is consistent with those
considerations.
The amendment is affected by Minister’s Direction No.9, Metropolitan Strategy under
Section 12 of the Planning and Environment Act 1987 that requires planning
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authorities to have regard to the Metropolitan Strategy – Plan Melbourne. The
Amendment is consistent with this strategy, specifically with reference to Direction 4.7
‘Respect our Heritage as we Build for the Future’.
 How does the amendment support or implement the State Planning
Policy Framework?
The amendment supports a number of policy objectives and strategies set out in
Clause 15 of the SPPF:
Clause 15 – Built Environment and Heritage
This clause states that:
Planning should ensure all new land use and development appropriately responds to
its landscape, valued built form and cultural context, and protect places and sites with
significant heritage, architectural, aesthetic, scientific and cultural value.
In this regard, there are a number of objectives and strategies to achieve this.
Clause 15.01-1 Urban Design contains a strategy to:

Require development to response to its context in terms of urban character,
cultural heritage, natural features, surrounding landscape and climate.
Clause 15.01-2 Urban Design Principles contains a strategy for development
proposals for non-residential development or residential development not covered by
Clause 54-56:

New development should respect, but not simply copy, historic precents and
create a worthy legacy for future generation.
Clause 15.01-3 Neighbourhood and Subdivision Design contains a strategy to
ensure subdivision creates liveable and sustainable communities by:

Creating a strong sense of place because neighbourhood development
emphasises existing cultural heritage values, well designed and attractive built
form, and landscape character.
Clause 15.01-5 Cultural Identity and Neighbourhood Character contains a strategy to:

Ensure development responds to its context and reinforces special
characteristics of local environment and place by emphasising...the heritage
values and built form that reflect community identity.
Clause 15.03-1 Heritage Conservation contains the objective:

To ensure the conservation of places of heritage significance.
To achieve this objective, the following strategies are relevant:
 Identify, assess and document places of natural and cultural heritage significance
as a basis for their inclusion in the planning scheme.

Provide, assess and document places of natural and cultural heritage
significance as a basis for their inclusion in the planning scheme.
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
Provide for the protection of natural heritage sites and man-made resources and
the maintenance of ecological processes and biological diversity.

Provide for the conservation and enhancement of those places which are of
aesthetic, archaeological, architectural, cultural, scientific, or social significance,
or otherwise of special cultural value.

Encourage appropriate development that respects places with identified heritage
values and creates a worthy legacy for future generations.

Retain those elements that contribute to the importance of the heritage place.

Encourage the conservation and restoration of contributory elements.

Ensure appropriate setting and context for heritage places is maintained or
enhanced.

Support adaptive reuse of heritage buildings whose use has become redundant.
In addition, the SPPF requires Council as responsible authority for planning to
balance conflicting objectives in favour of net community benefit and sustainable
development for the benefit of present and future generations. The amendment seeks
to achieve this net community benefit by ensuring a place with heritage values is
conserved, through inclusion in the Heritage Overlay, for present and future
generations.
The amendment is therefore consistent with and supports the State Planning Policy
Framework in relation to heritage.
 How does the amendment support or implement the Local Planning
Policy Framework, and specifically the Municipal Strategic Statement?
The amendment is consistent with Moonee Valley City Council’s commitment to
heritage as described in the vision contained in its Municipal Strategic Statement
(MSS):
In 2020 Moonee Valley will be a diverse and safe community, which has ready
access to services and facilities required for well being, embraces its local heritage
and cares for the environment, supporting individuals and groups to be involved in
their community.
To achieve this vision, the Local Planning Policy Framework of the Moonee Valley
Planning Scheme outlines objectives, strategies and policies that are relevant to the
conservation and protection of heritage places as follows:

Clause 21.05-1 Overview of Key Issues – Built Environment - Heritage

Clause 21.05-2 Objectives & Strategies – Character

Clause 21.05-4 Objectives & Strategies – Heritage
 Does the amendment make proper use of the Victoria Planning
Provisions?
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The Heritage Overlay is the most appropriate VPP tool to achieve the desired
outcomes for the protection of Moonee Valley’s heritage places. The Heritage Overlay
has been used in accordance with the VPP Practice Note Applying the Heritage
Overlay, 2012.
 How does the amendment address the views of any relevant agency?
As part of the statutory exhibition process relevant agencies and affected owners and
occupiers will be notified and will have the opportunity to comment and make
submissions.
 Does the amendment address relevant requirements of the Transport
Integration Act 2010?
The application of the heritage overlay is consistent with the decision making
principles of the Transport Integration Act 2010 as it helps to achieve Government
policy objectives in relation to heritage and will enable a full triple bottom-line
assessment to be undertaken. It is noted that many railway stations throughout
Melbourne and Victoria are included within heritage overlays, which do not affect the
operation of the transport system.
The permit exemptions policy will ensure that the amendment does not conflict with
the achievement of the Transport Integration Act 2010. This policy is similar to a
permit exemptions policy developed in liaison with the Department of Transport for
Amendment C108 (Part 1) to the Darebin Planning Scheme.
To ensure consistency, the permit exemptions policy will also apply to other railway
heritage places of local significance.
Resource and administrative costs
 What impact will the new planning provisions have on the resource and
administrative costs of the responsible authority?
The amendment is not expected to have a substantial impact on the resource and
administrative costs of the responsible authority.
Where you may inspect this Amendment
The amendment is available for public inspection, free of charge, during office hours at
the following places:
Moonee Valley City Council
Civic Centre
9 Kellaway Avenue
Moonee Ponds
The amendment can also be inspected free of charge at the Moonee Valley City Council
website at www.mvcc.vic.gov.au and the Department of Planning and Community
Development website at www.dpcd.vic.gov.au/planning/publicinspection.
Submissions
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Any person who may be affected by the amendment may make a submission to the
planning authority. Submissions about the amendment must be received by 5
September 2014.
A submission must be sent to:

Moonee Valley City Council, PO Box 126, Moonee Ponds VIC 3039
Panel hearing dates
In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing
dates have been set for this amendment:

directions hearing: 24 November 2014

panel hearing: 15 December 2014
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