Amendment C230 - explanatory report (adopted)

Planning and Environment Act 1987
BOROONDARA PLANNING SCHEME
AMENDMENT C230
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by the City of Boroondara, who is the planning authority
for this amendment.
The Amendment has been made at the request of the City of Boroondara.
Land affected by the amendment
The amendment applies to:

The Kew Junction Activity Centre as shown in Attachment 1.

The Glenferrie Activity Centre as shown in Attachment 2, as well as 1 Bowen Street,
593-603 Glenferrie Road, 84 Hawthorn Grove, 1/2 and 2/2 Johnson Street, and 1, 3 and
5 Vicars Street, Hawthorn.
What the amendment does
The amendment gives effect to:

The Kew Junction Structure Plan, 2009, which was updated on 28 December 2011.

The Glenferrie: Heart of Hawthorn Structure Plan, 2010 and the Glenferrie: Heart of
Hawthorn Structure Plan Implementation Plan, 2010 which were updated on 28
December 2011.
The amendment proposes to:
Municipal Strategic Statement (MSS)

Amend Clause 21.05 ‘Heritage, Landscapes and Urban Character’, Clause 21.06
‘Environment’, and Clause 21.07 ‘Residential Land Use’ to: recognise the completion of
the structure plans; note the use of local policies and Design and Development Overlay
(DDO) Schedules as implementation measures for both structure plans; and include the
structure plans and implementation plan as reference documents.
Local Planning Policy Framework (LPPF)
Introduce two new clauses in the LPPF:

Clause 22.17 'Kew Junction Activity Centre Policy' to reflect the Kew Junction Structure
Plan and guide land use decisions within the activity centre.

Clause 22.18 ‘Glenferrie Activity Centre Land Use Policy’ to reflect the Glenferrie: Heart
of Hawthorn Structure Plan and guide land use decisions within the activity centre.
Design and Development Overlay (DDO)

Introduce two new schedules to Clause 43.02 Design and Development Overlay for the
Kew Junction Activity Centre (DDO14) and Glenferrie Activity Centre (DDO15). The
DDOs include mandatory height limits and design requirements for new development in
the respective centres. Height limits are expressed as mandatory controls to provide
certainty for the development industry and the general community.
Rezoning - Kew Junction

Rezone land at 259, 261-267 and part 299 High Street, Kew from General Residential
Zone Schedule 4 (GRZ4) to Commercial 1 Zone (C1Z).
Rezoning - Glenferrie

Rezone 1 Bowen Street, Hawthorn from C1Z to NRZ3 to reflect the exclusion of this land
from the activity centre boundary and to correct zoning anomalies.

Rezone part of 228-236 Barkers Road, Hawthorn from GRZ4 to Commercial 1 (C1Z) to
correct a zoning anomaly.

Rezone part of 739-741 Glenferrie Road, Hawthorn from NRZ3 to C1Z to correct a
zoning anomaly.

Rezone part of 821-825 Glenferrie Road, Hawthorn from Neighbourhood Residential
Zone Schedule 3 (NRZ3) to C1Z to correct a zoning anomaly.

Rezone 84 Hawthorn Grove, Hawthorn from C1Z to NRZ3 to reflect the exclusion of this
land from the activity centre boundary and to correct a zoning anomaly.

Rezone part of 1/2 and 2/2 Johnson Street, Hawthorn from C1Z to the NRZ3 to reflect
the exclusion of this land from the activity centre boundary and to correct a zoning
anomaly.

Rezone 5-11 Park Street, Hawthorn (Council-owned car park) from General Residential
Zone - Schedule 4 (GRZ4) to C1Z to reflect the inclusion of this land in Area 1 - Retail
Core.

Rezone parts of 1, 3 and 5 Vicars Street, Hawthorn from C1Z to NRZ3 to reflect the
exclusion of this land from the activity centre boundary and to correct zoning anomalies.
Environmental Audit Overlay (EAO)

Apply an Environmental Audit Overlay (EAO) to 228-236 Barkers Road and 593-603
Glenferrie Road to reflect the existing service station uses on these sites.
Strategic assessment of the amendment
Why is the amendment required?
In April 2012, Council sought authorisation to prepare Amendments C138 (Kew Junction)
and C139 (Glenferrie) to the Boroondara Planning Scheme to implement the Kew Junction
Structure Plan, 2009 and Glenferrie: Heart of Hawthorn Structure Plan 2010, as updated
December 2011.
Following the grant of authorisation from the Department of Environment, Land, Water and
Planning (DELWP), the amendments were exhibited from 12 July 2012 to 31 August 2012. A
Panel hearing was held in March/April 2014 to consider submissions to both amendments.
The amendments were adopted by Council on 28 July 2014, and sent to the Minister for
Planning for approval on 7 August 2014.
In August 2015, the DELWP informed Council that the amendments had lapsed pursuant to
Section 30 of the Planning and Environment Act 1987.
This amendment is needed to give effect to the structure plans through an expedited
amendment as exhibition and a panel hearing was carried out as part of Amendment C138
and C139.
The structure plans were prepared to guide future land use and development in these activity
centres. They support Council’s vision for the centres to be vibrant activity centres
comprising a mix of retail, commercial, educational, entertainment, civic and residential uses.
How does the amendment implement the objectives of planning in Victoria?
The amendment provides a framework for future development in ach activity centre. The
structure plans encourage a broad mix of uses and built forms that respect heritage values,
the distinctive characteristics of each centre and the amenity of surrounding residential
areas. This is consistent with the objectives of planning in Victoria, in particular:

Section 4(1)(a) which seeks to provide for the fair, orderly, economic and sustainable
use and development of land.

Section 4(1)(c) which seeks to secure a pleasant, efficient and safe working, living and
recreational environment for all Victorians and visitors to Victoria.
How does the amendment address the environmental effects and any relevant
social and economic effects?
The amendment will facilitate positive environmental, social and economic outcomes by
giving effect to the Kew Junction Structure Plan, 2009 (updated December 2011) and
Glenferrie: Heart of Hawthorn Structure Plan 2010 (updated on December 2011).
Environment
The structure plans and this amendment seek to protect and enhance the amenity and
environmental sustainability of each activity centre by supporting environmentally
sustainable development, encouraging the use of alternatives to motor vehicle transport, and
promoting housing and other uses close to public transport.
The new built form controls will protect the amenity of current and future residents by
facilitating development that is designed to mitigate noise impacts from nearby commercial
and transport uses and by providing for a transition in built form between commercial and
residential areas.
Social Effects
The structure plans and this amendment seek to achieve positive social outcomes by
providing employment, education/civic and housing opportunities in proximity to public
transport. The amendment also provides clear policy direction for the types and scale of
development encouraged in each activity centre. This will provide residents and landowners
with greater certainty on the development outcomes anticipated in each activity centre.
Economic Effects
The structure plans and amendment support positive economic outcomes by encouraging
and supporting a diversification of uses in the centres.
Does the amendment address relevant bushfire risk?
The amendment applies to an urban area and will have no impact on bushfire risk.
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.
Ministerial Direction No. 9 - Metropolitan Planning Strategy
The amendment is affected by Ministerial Direction No. 9 - Metropolitan Planning Strategy,
which seeks to ensure that amendments have regard to the Metropolitan Planning Strategy.
Plan Melbourne is the adopted Metropolitan Planning Strategy for the Melbourne region. The
Strategy establishes a hierarchy of centres across Melbourne to assist in the delivery of
employment, housing and the creation of 20-minute neighbourhoods.
Plan Melbourne identifies both Kew Junction and Glenferrie as activity centres which form
part of a wider network of centres that will deliver a vision to create 20 minute
neighbourhoods. Specifically, the amendment is consistent with and supports the following
directions of Plan Melbourne:
Direction 2.2 - Reduce the cost of living by increasing housing supply near services and
public transport
This direction seeks a greater concentration of housing in strategic sites and activity centres.
Consistent with this direction, the amendment encourages housing and a broadening of uses
in each activity centre.
Direction 4.1 - Create a city of 20-minute neighbourhoods
The amendment facilitates the creation of 20-minute neighbourhoods by supporting the
continued role and function of each activity centre. The activity centres will continue to play
an integral role in providing services and new housing for the community.
Direction 4.6 - Create more great public places throughout Melbourne
This direction acknowledges the need to create great public spaces throughout Melbourne
and protect local distinctiveness and variations in character.
This amendment supports the creation of local places that enhance valued local
characteristics that are fundamental to the character and sense of place of each activity
centre. This amendment seeks to apply built form controls that balance the community’s
desire to protect existing streetscapes and activity centre character, combined with the need
to ensure that these activity centres remain viable and vibrant.
How does the amendment support or implement the State Planning Policy
Framework?
The amendment supports and implements the State Planning Policy Framework, in
particular, Clause 11 Settlement, Clause 15 Built Environment and Heritage, Clause 16
Housing, Clause 17 Economic Development and Clause 18 Transport.
Clause 11 - Settlement
Clause 11 - Settlement requires planning authorities to anticipate and respond to the needs
of existing and future communities by planning for and allocating land suitable for a range of
land uses.
Consistent with Clause 11, the City of Boroondara has prepared each structure plan to guide
land use and development in each activity centre. This amendment seeks to implement the
structure plans by introducing new land use and built form controls that will guide future
development in each activity centre. The land use policies and DDOs encourage a
concentration of retail, residential, commercial and civic development in both centres and
reinforce their role as key destinations for services, shopping, civic and residential uses.
Clause 15 - Built Environment and Heritage
Clause 15 - Built Environment and Heritage, encourages the creation of high quality
environments that contribute positively to local character, sense of place, and enhance
centre viability, diversity and safety.
The amendment implements the objectives and strategies contained in Clause 15 by
seeking to create high-quality, safe, vibrant urban centres that respect character and
heritage values. The amendment also seeks to ensure that the amenity of surrounding
residential areas will not be adversely impacted by future development in each activity
centre.
Clause 16 - Housing
Consistent with Clause 16.01-2, this amendment encourages new housing within each
activity centre. The implementation of this amendment will encourage housing close to jobs,
transport and services. This in turn will increase housing choice within the City of
Boroondara.
Clause 17 - Economic Development
Consistent with Clause 17, the amendment seeks to support economic opportunities
including retail and commercial floorspace growth for each activity centre.
Clause 18 - Transport
Clause 18 encourages the integration of transport and land use to contribute to the creation
of sustainable communities.
Consistent with the objectives of this clause, the amendment encourages a concentration of
higher density mixed use development close to existing public transport and services.
Clause 19 - Infrastructure
Consistent with Clause 19, the amendment supports the efficient use of existing
infrastructure and supports the continued provision and access to community and civic
resources and services.
How does the amendment support or implement the Local Planning Policy
Framework?
The amendment is consistent with and supports the Local Planning Policy Framework.
Clause 21.08 Activity Centres, Neighbourhood Centres and Commercial Corridors identifies
Kew Junction and Glenferrie as activity centres. This clause seeks to maintain and
strengthen Boroondara’s network of activity centres, neighbourhood centres and commercial
corridors. It also seeks to ensure appropriate built form outcomes that enhance existing
streetscapes and have regard to the amenity of adjoining properties. Clause 21.08 also
affirms that higher density development is encouraged in these areas activity centres.
Furthermore, the amendment seeks to strengthen and update the Local Planning Policy
Framework, in particular Clauses 21.05, 21.06 and 21.07 by making reference to the
completed structure plans and the introduction of two new local planning polices to guide
land use decisions in each activity centre.
Does the amendment make proper use of the Victoria Planning Provisions?
The amendment makes proper use of the Victoria Planning Provisions. The amendment
seeks to update and correct zoning anomalies which will ultimately reflect the objectives and
boundaries of the structure plan areas.
The amendment also seeks to modify the Local Planning Policy Framework to give local
policy guidance in the Boroondara Planning Scheme for use and development in each of
activity centre. New schedules to the DDO are proposed to implement the built form and
design guidelines in the adopted structure plans.
How does the amendment address the views of any relevant agency?
The Department of Planning and Community Development (now the Department of
Environment, Land, Water and Planning) was consulted during the structure plan preparation
process. The DELWP was also consulted during the preparation and processing of
Amendments C138 (Kew Junction) and C139 (Glenferrie), which have now lapsed.
As part of Amendment C138 and C139, the views of agencies were sought and considered
at the panel hearing and by Council prior to making a decision to adopt Amendments C138
and C139.
This amendment will provide the opportunity for Prescribed Ministers to provide submissions.
Does the amendment address relevant requirements of the Transport
Integration Act 2010?
The structure plans were prepared prior to the enactment of the Transport Integration Act
2010. Although the structure plans and this amendment do not directly address the relevant
requirements of the Act, both are intended to support the Principal Public Transport Network,
encourage walking and bicycle use, and facilitate equitable access in and around each
activity centre.
Resource and administrative costs
What impact will the new planning provisions have on the resource and
administrative costs of the responsible authority?
The introduction of new DDO schedules is expected to marginally increase the number of
planning permit applications required. It is expected that any additional workload created by
the introduction of the new provisions can be accommodated within the existing resources of
the Statutory Planning Department.
Where you may inspect this Amendment
The amendment is available for public inspection, free of charge, during office hours at the
following places:
City of Boroondara
Planning Counter
First Floor
8 Inglesby Road
CAMBERWELL 3124
The Amendment can also be inspected free of charge at the Department of Environment,
Land, Water and Planning website at www.dtpli.vic.gov.au/publicinspection .
Attachment 1: Kew Junction Activity Centre
3
2
1
Activity Centre Boundary
1
Precinct 1: Five Way Intersection & VicRoads
2
Precinct 2: Retail and Activity Core
3
Precinct 3: High Street East
Attachment 2: Glenferrie Activity Centre