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Page 1 of 166 Page 1 of 166 FUTURE MELBOURNE (PLANNING) Agenda Item 6.3 COMMITTEE REPORT PLANNING SCHEME AMENDMENTS C214 AND C215 KENSINGTON HERITAGE 4 June 2013 REVIEW Presenter: David Mayes, Manager Strategic Planning Purpose and Background 1. The purpose of this report is to present the proposed Melbourne Planning Scheme Amendments C214 (interim controls) and C215, Kensington Heritage Review and The Review of Heritage Buildings in Kensington - Percy Street Area on which the amendments are based. 2. The Kensington Heritage Review is an Action and Initiative (A&I) in City of Melbourne’s 2012-13 Annual Plan to “Complete a review of heritage in Kensington and request Ministerial approval to exhibit a planning scheme amendment”. 3. The core study area is where the 1983 Flemington/Kensington Conservation Study (adopted by Council in 1985) identified buildings but which at that time were not recommended for protection. In addition to this area, a heritage review was done of 23 properties in the Percy Street area bounded by Market Street, Epsom Road and Percy Street Kensington which were also unprotected. Key issues 4. The assessment of approximately 570 existing and potential heritage places in Kensington was undertaken to determine if they warranted heritage protection under the planning scheme. The review was undertaken by Graeme Butler and Associates and is available online at http://www.melbourne.vic.gov.au/BuildingandPlanning/Planning/planningschemeamendments/Pages/Am endmentC214C215.aspx 5. In the core study area, out of the 550 buildings assessed, 115 properties are already in a Heritage Overlay and 237 are proposed to be included in either an existing or proposed Heritage Overlay Area. 6. In the Percy Street area, none of the 23 properties assessed are identified in the Heritage Overlay but 21 properties are proposed to be included in the existing adjoining Kensington Precinct Heritage Overlay (HO9). 7. A summary table of the report recommendations is at Attachment 2 and a map of the properties affected by the amendments is at Attachment 3. 8. Planning Scheme Amendment C215 proposes changes to the heritage controls through the normal planning scheme amendment process including public exhibition, the opportunity to make a written submission and be heard by a panel. 9. Planning Scheme Amendment C214 proposes controls on an interim basis to be implemented through a Ministerial Amendment without public notification. This is to provide immediate protection for the subject properties until C215 is finally approved and gazetted. Planning Scheme Amendments C214 and C215 are at Attachment 4. Recommendation from management 10. That the Future Melbourne Committee: 10.1. request the Minister for Planning prepare Planning Scheme Amendment C214 pursuant to section 20(4) of the Planning and Environment Act 1987 and approve the Amendment to introduce interim heritage controls; and 10.2. seek authorisation from the Minister for Planning under the Act, to prepare and exhibit Planning Scheme Amendment C215 which seeks to introduce permanent heritage controls. Attachments: 1. Supporting attachment 2. Summary table of recommendations 3. Map showing properties affected. 4. The Planning Scheme Amendment documentation 5. Engagement Timeline for Planning Scheme Amendments Page 2 of 166 Attachment 1 Agenda Item 6.3 Future Melbourne Committee 4 June 2013 SUPPORTING ATTACHMENT Legal 1. Part 3 of the Planning and Environment Act 1987 (the Act) sets out the procedure for planning scheme amendments. Section 8(1)(b) of the Act provides that the Minister may prepare amendments to any provision of a planning scheme. Section 20(4) of the Act provides that the Minister may exempt himself from the requirements of the Act which govern the normal statutory process for amending a planning scheme. Finance 2. The costs for preparing and processing Planning Scheme Amendment C215 have been included in the draft 2013-14 budget. Conflict of interest 3. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report. Stakeholder consultation 4. In February 2013, letters were sent to the owners of all properties in the core study area informing them that the heritage review was underway. 5. Further public consultation will be undertaken through the formal exhibition of Planning Scheme Amendment C215, subject to authorisation being issued by the Minister for Planning. Affected property owners will be notified and the public will have the opportunity to make written submissions on the Reviews and to the proposed planning controls. 6. Should the Minister appoint an independent panel (on Council’s request) to review Amendment C215 and the written submissions on the amendment made following the exhibition, then the panel will consider all of these submissions and invite all submitters to present their submission to the public panel hearing. 7. The typical engagement timeline for planning scheme amendments is at Attachment 5. Environmental sustainability 8. There is no impact on environmental sustainability. 1 Page 3 of 166 Attachment 2 Agenda Item 6.3 Future Melbourne Committee 4 June 2013 AMENDMENT C214 (INTERIM CONTROLS) AND C215‐KENSINGTON HERITAGE REVIEW PROPOSED CHANGES TO THE HERITAGE OVERLAY TABLE KEY: Proposed new heritage overlay places (precincts) Proposed new heritage overlay places (significant individual properties) Existing heritage overlay places‐proposed to be shifted into another heritage place (precinct) Heritage place proposed to be deleted Page 4 of 166 Street Street Original Proposed Original Proposed HO Proposed Contributory Sigificant Precinct name number Grading Grading Streetscape Streetscape number for to precinct? individually? Level Level Heritage Overlay? Street Street Original Proposed Original Proposed HO Proposed Contributory Sigificant Precinct name number Grading Grading Streetscape Streetscape number for to precinct? individually? Level Level Heritage Overlay? Barnett Street 2 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 3 3 No No No Barnett Street 4 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 5 3 No No No Barnett Street 6 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 7 D 3 Yes Yes No Barnett Street north residential precinct Barnett Street 8 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 9 3 Yes No No Barnett Street north residential precinct Barnett Street 10 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 11 E 3 Yes No No Barnett Street north residential precinct Barnett Street 12 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 13 E D 3 Yes Yes No Barnett Street north residential precinct Barnett Street 14 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 16 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 17 ‐21 3 Yes No No Barnett Street north residential precinct Barnett Street 18 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 20 D D 3 2 Yes Yes No Barnett Street north residential precinct Page 5 of 166 Street Street Original Proposed Original Proposed HO Proposed Contributory Sigificant Precinct name number Grading Grading Streetscape Streetscape number for to precinct? individually? Level Level Heritage Overlay? Barnett Street 22 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 23 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 24 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 25 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 26 No No No Barnett Street 27 D D 3 2 Yes Yes No Barnett Street north residential precinct Barnett Street 29 E D 3 Yes Yes No Barnett Street south residential precinct Barnett Street 31 3 Yes No No Barnett Street south residential precinct Barnett Street 32 D D 3 3 Yes Yes No Barnett Street south residential precinct Barnett Street 33 D 3 Yes Yes No Barnett Street south residential precinct Barnett Street 34 D D 3 3 Yes Yes No Barnett Street south residential precinct Barnett Street 35 D 3 Yes Yes No Barnett Street south residential precinct Barnett Street 36 D D 3 3 Yes Yes No Barnett Street south residential precinct Barnett Street 37 ‐39 D 3 3 Yes No No Barnett Street south residential precinct Barnett Street 38 D D 3 3 Yes Yes No Barnett Street south residential precinct Barnett Street 40 3 Yes No No Barnett Street south residential precinct Barnett Street 41 D D 2 Yes Yes No Barnett Street south residential precinct Barnett Street 42 3 Yes No No Barnett Street south residential precinct Barnett Street 43 E D 2 Yes Yes No Barnett Street south residential precinct Barnett Street 44 D 3 3 Yes No No Barnett Street south residential precinct Page 6 of 166 Street Street Original Proposed Original Proposed HO Proposed Contributory Sigificant Precinct name number Grading Grading Streetscape Streetscape number for to precinct? individually? Level Level Heritage Overlay? Barnett Street 45 E D 2 Yes Yes No Barnett Street south residential precinct Barnett Street 46 D D 3 2 Yes Yes No Barnett Street south residential precinct Barnett Street 47 3 Yes No No Barnett Street south residential precinct Barnett Street 48 D D 3 2 Yes Yes No Barnett Street south residential precinct Barnett Street 49 D D 3 Yes Yes No Barnett Street
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