Port Phillip Planning Scheme Amendment C107

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Planning and Environment Act 1987

PORT PHILLIP PLANNING SCHEME

AMENDMENT C107

EXPLANATORY REPORT

Who is the planning authority? This amendment has been prepared by the Port Phillip City Council, which is the planning authority for this amendment.

Land affected by the amendment The amendment applies to the ‘St Kilda Road North Precinct’ comprising land generally between St Kilda Road and Queens Road, Melbourne and Kings Way, South Melbourne, extending from Dorcas Street, South Melbourne, in the north to Punt Road and High Street, Windsor, in the south. The precinct also includes land along Albert Road and the south side of Palmerston Crescent, east of Moray Street, South Melbourne.

Figure 1: Map of the St Kilda Road North Precinct What the amendment does Amendment C107 gives statutory effect to the St Kilda Road North Precinct Plan 2013 (Updated 2015), through updating the Local Planning Policy Framework and Design and Development Overlay to reflect the vision, strategic directions and built form (development) outcomes of the Plan. Specifically, Amendment C107:  Inserts a new Schedule 26 to Clause 43.02 - Design and Development Overlay, which specifies ‘design objectives’ and ‘design requirements’ (including mandatory heights) for the overall St Kilda Road North Precinct, and for individual sub-precincts;  Deletes the existing Schedule 3 and Schedule 4 to the Design and Development Overlay that apply to the St Kilda Road North precinct;  Modifies the Port Phillip Planning Scheme Maps No. 3DDO, Map No. 4DDO and Map No. 6DDO (Design and Development Overlay Maps) to reflect the above;  Modifes the Local Planning Policy Framework (Municipal Strategic Statement) at Clauses 21.06-7: St Kilda Road and Queens Road and 21.04-5: Public Open Space and Foreshore, to reflect the vision and strategic directions of the St Kilda Road North Precinct Plan 2013;  Includes the St Kilda Road North Precinct Plan 2013 (Updated 2015) as a Reference Document to the Port Phillip Planning Scheme at Clauses 21.07, 43.02 (Schedule 26); and  Modifies Clause 66.06: Notice of permit applications under local provisions to update the requirement to give notice to The Shrine of Remembrance Trustees. The amendment does not make any changes to the existing zoning or heritage overlay controls.

Strategic assessment of the amendment

Why is the amendment required? This amendment is required to implement the St Kilda Road North Precinct Plan 2013 (Updated 2015). The St Kilda Road North Precinct is unique within the City of Port Phillip due to its grand boulevards (St Kilda and Queens Roads) and unusual curvilinear subdivision pattern, its mix of high-rise office and residential buildings with residual heritage places, its landscape qualities and connectivity to the CBD and major public open spaces. The St Kilda Road North Precinct is currently affected by Design and Development Overlay Schedule 3 and Schedule 4 (DDO3 and DDO4). A DDO is a control within the planning scheme that guides new development by specifying design objectives and design requirements (such as building heights and setbacks) for a specific area. The existing Design and Development Overlays (DDO3 and 4) for this area were developed over 20 years ago and include discretionary and mandatory height limits. Over this time, the precinct has evolved from a predominantly commercial area to one which is experiencing increased demand for residential apartments. Development applications have also, in many instances, exceeded the discretionary ‘preferred’ building heights specified in the existing DDOs. A review of the St Kilda Road North Precinct was undertaken to allow Council to develop comprehensive revised planning controls that respond to this changing development context. DDO Schedule 26 replaces DDO3 and DDO4 in the Port Phillip Planning Scheme. DDO26 specifies ‘design objectives’ and ‘design requirements’ relating to the scale and form of new development, including maximum building heights and building setback requirements. It requires high quality development that: respects the Shrine of Remembrance setting, reinforces the well-established street layout and landscape identity of the precinct, maintains residential amenity, and contributes to an inviting and activated environment for pedestrians at street level. DDO26 and Local Policy will be used to guide decisions on future planning permit applications for use and development within the St Kilda Road North Precinct. St Kilda Road North Precinct Review Council commenced a review of the St Kilda Road North Precinct in January 2011, following the Minister for Planning’s introduction of interim mandatory height controls for the area. These interim controls ensured that any development proposals in the short term did not compromise the strategic importance of the St Kilda Road North Precinct as Melbourne’s most renowned boulevard and the setting for the Shrine of Remembrance. As part of the review, Council commissioned five technical studies covering built form, transport and access, community infrastructure needs, public realm and physical infrastructure capacity. These documents provide an overall background to the area and informed the development of the St Kilda Road North Precinct Plan 2013 (Updated 2015) and new planning controls. The review included the following studies: • The Review of Design and Development Overlay 3 & 4 (prepared by Planisphere Consultants) • Sustainable Transport Management in St Kilda Road (prepared by Ratio Consultants) • Future Needs of the St Kilda Road Precinct (prepared by Urbis Consultants) • St Kilda Road Public Realm and Linkages Opportunities Study (prepared by City of Port Phillip) • St Kilda Road Precinct Review Infrastructure Study (prepared by City of Port Phillip). The St Kilda Road North Precinct Plan 2013 (Updated 2015) brings together the key findings of the five draft technical studies into a single document. The plan sets the ‘vision’ for the precinct and guides future development to achieve a well serviced, high amenity living and working environment.

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 a fair, orderly, economic and sustainable use, and development of land;  4(1)(c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria;  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 paragraphs (a), c), (d);  4(1)(g) to balance the present and future interests of all Victorians. How does the amendment address any environmental, social and economic effects? The amendment will have positive environmental outcomes as it seeks to more effectively manage built form to reinforce the iconic St Kilda Road and Queens Road boulevards, protect the setting of the Shrine of Remembrance, and ensure the efficient use of the existing infrastructure in the area such as public transport. It is anticipated that the amendment will have a number of positive social impacts. It will provide for housing growth and diversity and ensure new development makes a positive contribution to the public realm through well resolve podium design. It will protect the amenity of existing residential properties, and ensure a high level of amenity for new dwellings constructed in the precinct. The amendment will address economic effects by introducing planning controls which provide more certainty to landowners, developers, the community and decision-makers in relation to development opportunities. The economic function of the area as a mixed residential and commercial precinct will be reinforced by new high quality, higher density development. The amendment will also ensure that the form of new development does not undermine the local, regional and state significance of the precinct.

Does the amendment address relevant bushfire risk? The municipal area of Port Phillip does not have any designated bushfire prone areas.

Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment is consistent with Ministerial Direction No. 9 – Metropolitan Melbourne under Section 12 of the Act. It complies with the current Metropolitan Planning Strategy Plan Melbourne: Metropolitan Planning Strategy (Department of Transport, Planning and Local Infrastructure, 2014), in particular:  Direction 2.1 – Plan for expected housing needs  Direction 4.6 - Create more great places throughout Melbourne – including developing Melbourne’s network of boulevards.  Direction 4.8 - Achieve and promote design excellence. The amendment complies with Ministerial Direction 11 – Strategic Assessment of Amendments. The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

How does the amendment support or implement the State Planning Policy Framework and any adopted State policy? The amendment and the St Kilda Road North Precinct Plan are consistent with, and give effect to, the State Planning Policy Framework (SPPF), in particular: Clause 11.02-1 - Supply of urban land: - Ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses. - Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban development. - Plan to accommodate projected population growth over at least a 15 year period. - Provide clear direction on locations where growth should occur. Clause 11.04-1 - Delivering jobs and investment: - Define a new city structure to deliver an integrated land use and transport strategy for Melbourne’s changing economy. - Plan for the expanded central city to become Australia’s largest commercial and residential centre by 2040. - Plan for jobs closer to where people live. - Enable an investment pipeline for transit-orientated development and urban renewal. Clause 11.04-2 - Housing choice and affordability: - Provide a diversity of housing in defined locations that cater for different households that are close to jobs and services. - Understand and plan for expected housing needs. - Reduce the cost of living by increasing housing supply near services and public transport. Clause 11.04-4 - Liveable communities and neighbourhoods: - Create a city of 20-minute neighbourhoods. - Protect Melbourne and its suburbs from inappropriate development. - Create neighbourhoods that support safe communities and healthy lifestyles. - Plan for future social infrastructure. - Make the city greener. - Respect heritage while building for the future. - Achieve and promote design excellence. Clause 15.01-1 - Urban design: - Ensuring a safe, functional and good quality environments with a sense of place and cultural identity. - Promote good urban design to make the environment more liveable and attractive. - Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Clause 15.01-2 - Urban design principles: - Application of design principles to development proposals relating to: development context; the public realm; safety; landmarks, views and vistas; pedestrian spaces; heritage; energy and resource efficiency, and architectural quality. Clause 15.01-5 - Cultural identity and neighbourhood character: - Ensure development responds and contributes to existing sense of place and cultural identity. Clause 15.03-1 - Heritage Conservation: - Encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations. Clause 16.01-2 - Location of residential development: - Encourage higher density housing development on sites that are well located in relation to activity centres, employment corridors and public transport. - Ensure an adequate supply of redevelopment opportunities within the established urban area to reduce the pressure for fringe development. Clause 16.01-4 - Housing diversity: - Encouraging the development of well-designed medium to high-density housing which respects neighbourhood character and makes better use of existing infrastructure.

How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? The amendment supports and implements the Local Planning Policy Framework. The amendment implements a range of objectives and strategies contained in Clause 21 – Municipal Strategic Statement as follows: Clause 21.01-1 – Municipal Strategic Statement - Providing significant opportunities for housing growth within designated strategic locations which offer greatest accessibility to shops, services and public transport. Clause 21.05-2 – Urban Structure and Character - Retaining and enhancing key landmarks that terminate important vistas, accentuate corner sites and provide points of interest and orientation. - Requiring new development to respect the preferred character of an area. - Ensuring that new development at increased densities provides a transition in scale to any adjoining lower-rise development. - Ensuring new development does not unreasonably affect the amenity of adjoining properties by way of overshadowing, privacy, or visual bulk. Clause 21.06-7 – St Kilda Road North Precinct: - Responding to and building on the ‘Vision’ and ‘Local Strategies’ for the St Kilda Road North Precinct expressed in Clause 21.06-7 (St Kilda Road and Queens Road).

Does the amendment make proper use of the Victoria Planning Provisions? This amendment makes proper use of the Victoria Planning Provisions through applying a Design and Development Overlay to implement the desired built form outcomes specified in the St Kilda Road North Precinct Plan 2013. The use of mandatory height controls responds to the state significance of the Shrine of Remembrance.

How does the amendment address the views of any relevant agency? This amendment does not seek to create any new referral authority. The proposed schedule to the Design and Development Overlay does not contain new formal or informal referral requirements.

Does the amendment address relevant requirements of the Transport Integration Act 2010? This amendment will provide for an appropriate scale of new residential and commercial development, capitalising on key movement networks along St Kilda Road, Albert Road, Queens Road, Kings Way and Park Street, and the use of existing tram, bus, bike and pedestrian networks and a proposed new Metro station at the Domain. The proposed amendment is not considered to have a significant impact on the transport system. To this end, the location, access and integration of uses meets relevant requirements of the Transport Integration Act 2010. Resource and administrative costs

 What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? It is not anticipated that the resource and administrative costs of the responsible authority will be noticeably increased as a result of implementation of this amendment. The revised local policy and planning provisions will provide greater guidance for Council in exercising its discretion under the Port Phillip Planning Scheme

Where you may inspect this Amendment

The amendment is available for public inspection, free of charge, during office hours at the following places:

 St Kilda Town Hall, corner Carlisle Street and Brighton Road, St Kilda.

 City of Port Phillip website - http://www.portphillip.vic.gov.au/planning_amendments.htm

The amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.