Planning and Environment Act 1987

MANNINGHAM PLANNING SCHEME

AMENDMENT C125MANN

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Minister for Planning, who is the planning authority for this amendment. The Amendment has been made at the request of Linked Solutions Pty Ltd and YVCC Property Pty Ltd.

Land affected by the Amendment

The Amendment applies to approximately 23.15 hectares of land being Lot 1 on Plan of Subdivision 349396Y, Volume 10316, Folio 022 and Crown Allotment 15 Section A Parish of Bulleen, Volume 11721, Folio 217, commonly referred to as 9-15 Templestowe Road, Bulleen and 27-33 Templestowe Road, Bulleen located on the north-western side of Templestowe Road as shown in Figure 1 below. Figure 1: 9-15 and 27-33 Templestowe Road, Bulleen

What the amendment does

The Amendment proposes to rezone land in order to facilitate a future residential development on the site of the current Yarra Valley Country Club and to create additional public open space. The amendment also seeks to apply a Development Plan Overlay (Schedule 4) to the land to facilitate the preparation and approval of a Development Plan to enable the proposed concept to proceed. The Amendment proposes the following changes to the Manningham Planning Scheme.

• Rezones the land which is currently zoned Special Use Zone (SUZ1) and Public Parks and Recreation Zone (PPRZ) partially to Residential Growth Zone (RGZ2) and partially to PPRZ. • Applies a Development Plan Overlay - Schedule 4 to the land. • Amends the Design and Development Overlay – Schedule 2. • Amends Clauses 21.05 (Residential), 21.07 (Green Wedge and Corridor), 21.13 (Open Space and Tourism) of the Manningham Planning Scheme. • Insert a Clause 22.20 (Yarra Valley Country Club Key Redevelopment Site) into the Manningham Planning Scheme. • Insert Map 01DPO Development Plan and Amend Map 01ZN Zones.

Strategic assessment of the Amendment

Why is the Amendment required?

The amendment facilitates the development of the identified land and an increased area of PPRZ.

The amendment also provides for an improved environmental, cultural and sporting outcome as it provides for parkland, land for sporting facilities, treatment of stormwater runoff from surrounding lands and incorporation of cultural values.

How does the Amendment implement the objectives of planning in ?

The amendment implements the objectives of planning in Victoria by: • Providing for the fair, orderly, economic and sustainable use, and development of land. S4(1)(a) the Act. • Providing for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity. S4(1)(b) the Act. • Securing a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria. S4(1)(c) the Act. • Conserving and enhancing those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value. S4(1)(d) the Act. • Facilitating development in accordance with the objectives set out above. S4(1)(f) the Act. • Facilitating the provision of affordable housing in Victoria; S4(1)(fa) the Act. • Balancing the present and future interests of all Victorians. S4(1)(g) the Act.

How does the Amendment address any environmental, social and economic effects?

Environmental Effects

The subject site is one of significant environmental importance, providing for a diverse range of flora, fauna, and associated habitat areas. Whilst there has been significant alteration of the site previously (noting the level changes and landscaping to create the existing golf course), this has contributed to the diversity of planting and habitats.

The subject site also contains a significant length of river bank (approximately 1.3km), and associated tree planting, which provides for a positive contribution to environmental character. As a result of the proximity to the River Yarra, and the low-lying topography of the land, the site also provides for an area of flood mitigation.

The amendment responds to all environmental requirements and will ensure that best-practice methodology can be applied in relation to flood management and mitigation. The amendment will also ensure that the natural environment is not only conserved but enhanced through the revised arrangement of land and controls to ensure exemplary land management. The proposed amendment will result in the treatment of 10.23 ha of currently untreated stormwater runoff currently entering the

Yarra River. This is a clear and measurable environmental benefit that will flow from the proposed amendment. Ministerial Direction No. 1 – Potentially Contaminated Land (Direction No. 1) requires planning authorities to satisfy themselves that the environmental conditions of land proposed to be used for a sensitive use (including residential), agriculture or public open space are, or will be, suitable for that use. It is proposed that the site will be remediated if required so the site is appropriate for residential uses including gardening etc. Management mechanisms may include the appropriate removal and disposal of contaminated soils/material. Any removal of contaminated fill from the site would result in an improved environmental condition.

The amendment is therefore not considered to create the potential for any adverse environmental impacts, rather resulting in a net positive environmental outcome.

Social Effects

The amendment sought is considered to ensure that there will be a positive impact upon the local (and wider) community as a result of the increased provision of publicly accessibly outdoor natural space and facilities for recreation and relaxation.

The increased connectivity to natural environmental resources, and integration with existing facilities will provide for increased resident wellbeing. The overall increase to publically accessible land in the river corridor will be approximately 15.05 ha (future PPRZ land minus Parks Vic Land). This land will be accessible and useable by the local and wider community and has the ability to provide for a range of active and passive recreation uses.

The removal of the current private facilities (including the gaming venue) and redevelopment of the land will contribute to housing needs, whilst utilizing the remainder of the site – constituting the majority of land – to provide for increased open space. The land set aside for residential purposes will be provided with linkages and connectivity through the site, ensuring increased connectivity to the future Yarra River Land.

It is considered that there will be a net social benefit as a result of the proposed rezoning.

Economic Impacts

Notwithstanding the outcome of the proposed amendment, the current land use is due to cease in November 2019 as is not proposed to be renewed by the landowner and therefore the proposal will not result in any economic detriments.

The proposed amendment is considered to generate positive economic effects for the following reasons: • The proposed rezoning will increase the number of persons visiting the area which will likely have a positive knock-on effect with the adjoining HEIDE museum of modern art. • The partial residential use of the land complements the existing uses within the surrounding area. As a consequence of the redevelopment of the land, there will be notable job generation within the wider area. • Ongoing maintenance jobs will be created through the provision of open space and wetlands. • The development of a new residential area will create the facility for increased demand of local shops and services, contributing to the local economy. • The provision of increased open space will reduce travel costs for existing residents to access outdoor recreation.

Does the Amendment address relevant bushfire risk?

The amendment will not result in any increase to the risk to life, property, community infrastructure and the natural environment from bushfire.

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 Section 7(5) of the Planning and Environment Act (1987).

The amendment is consistent with the Ministerial Direction 11- Strategic Assessment Guidelines, with a comprehensive assessment of the proposal having been undertaken against both State and Local Planning Policy Frameworks. Consistency with Ministerial Direction 11 is set out within the explanatory report.

The Amendment will comply with the Ministerial Direction on the form and content of Planning Schemes.

The proposal is consistent with Ministerial Direction 9- Metropolitan Planning Strategy which seeks to ensure that any proposed Planning Scheme Amendment is consistent with Plan 2017– 2050. The amendment seeks to address and implement the following Directions and Policies contained within Plan Melbourne 2017–2050.

Direction 4.1 Create more great public places across Melbourne

The amendment is consistent with Policy 4.1.4: Protect and enhance the metropolitan water’s edge parklands as it seeks to increase and improve parkland areas surrounding the Yarra River corridor.

Direction 5.1: Create a city of 20-minute neighbourhoods

The amendment is consistent with Policy 5.1.1 Create mixed-Use neighbourhoods at varying densities as it introduces a medium density housing product

Direction 5.2: Create neighbourhoods that support safe communities and healthy lifestyles

The amendment is consistent with Policy 5.2.1 Improve neighbourhoods to enable walking and cycling as a part of daily life as it provides an internal pedestrian and cycling network that connects to the existing external network and the Yarra River environs.

Direction 6.5 Protect and restore natural habitats

The amendment is supported by Policy 6.5.2: Protect and enhance the health of urban waterways as it will facilitate and improved environmental outcome in the Yarra River Environs.

How does the Amendment support or implement the Planning Policy Framework and any adopted State policy?

The amendment seeks to implement and is supported by the following clauses of the State Planning Policy Framework:

Clause 11- Settlement: the proposed amendment provides for the residential development of land within the Urban Growth Boundary. The application of the Development Plan Overlay will ensure that the future development of the land is well designed, provides for a diverse housing stock and provides for a good interface with Templestowe Road, HEIDE and surrounding parkland.

Clause 12- Environmental and Landscape Values: The proposed amendment will provide for a net improvement to the environmental, cultural and landscape values of the river corridor. There will be no net loss of native vegetation and a net increase in land for recreation and conservation value. Furthermore, the proposal will result in a net improvement to water quality entering the river corridor.

Clause 13- Environmental Risks and Amenity: The proposed amendment will allow for the creation of a series of wetlands ensuring that there will be no net loss in the flood storage capacity of the land.

Clause 14– Natural Resource Management: The proposed amendment will result in a net improvement to water quality entering the Yarra River corridor.

Clause 15- Built Environment and Heritage: The proposed amendment will facilitate the development of land in a well located infill site. A Development Plan Overlay will apply to the site, which will require a future development plan and development to demonstrate good urban design, housing diversity, and how the proposed development responds to the subject sites and surrounds.

Clause 16- Housing: The proposed redevelopment of well-located underutilized land for housing will assist in reducing development pressure for fringe development. The development plan overlay will allow for a range of dwelling types including adaptable dwelling design to cater for a range of demographics.

Clause 18- Transport: The proposed amendment will allow for the creation of safe and efficient pedestrian and bicycle access throughout the site, that will provide connections to the HEIDE cultural precinct, the Yarra River environs and to the greater Manningham pedestrian and cycling network.

Clause 19- Infrastructure: The proposed amendment will ensure an integrated water treatment approach is applied. The current proposal will seek to celebrate the arts and cultural values of the land through the integration with the arts precinct and the transfer of private land for public purposes. The current proposal responds to the above referenced strategy on a number of levels, including the provision of private land along the river corridor for public purpose. This will enable the continuation of the Yarra River Parklands as a continuous link of open spaces.

How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

Clause 21.03- Key influences: The proposed amendment supports a number of key influences listed in the clause. The amendment demonstrates positive outcomes in regards to; - Commitment to sustainability; - Biodiversity Conservation and Sustainable Land - Management; - Future housing needs; - Residential amenity; - Transport; - Yarra River Environs; - Drainage and sewerage; and - Tourism Clause 21.05- Residential: The proposed amendment assists in resolving key housing issues in the City of Manningham. These are; - Accommodating population growth; - Providing a diversity of appropriate housing to meet changing lifestyles and housing needs; - The need for urban consolidation to address housing growth; and - The potential impact of new development of the surrounding area.

Clause 21.07- Green Wedge and Yarra River Corridor: The proposed amendment will provide for a net improvement to the environmental, cultural and landscape values of the river corridor. There will be no net loss of native vegetation and a net increase in land for recreation and conservation value. Furthermore, the proposal will result in a net improvement to water quality entering the river corridor and will ensure that all housing development has regard to land capability, wildfire risk, environmental and landscape values.

Clause 21.10- Ecologically Sustainable Development: This Clause sets out Council’s commitment to Ecologically Sustainable Development (ESD), in relation to building energy management, water sensitive design, external environmental amenity, waste management, quality of public and private realm and transport. The proposed amendment includes a range of ESD initiatives to be secured through the proposed DPO.

Clause 21.12- Infrastructure: This clause seeks to ensure that adequate infrastructure is in place and maintained to meet community needs. Objectives and strategies relate to public transport, roads, bicycle and pedestrian networks, sewerage and stormwater management and telecommunications and satellite dishes. The proposed concept will allow for the provision of significant infrastructure contributions through the provision of upgrades to Templestowe Road and provision of drainage infrastructure within the river corridor.

Clause 21.13- Open Space and Tourism: The clause seeks to identify and address existing gaps in the public open space network and provide comprehensive pedestrian and bicycle networks. The proposed concept will substantially increase the amount of open space and accessibility within the LGA.

Clause 21.14- Community Health and Well-being: This clause seeks to provide appropriate spaces and facilities for social interaction as part of any development to foster a sense of community and social engagement. Community health and well-being will be fostered through the provision of open space and passive recreation spaces.

Clause 22.02- Native Vegetation Policy: This clause seeks to protect, conserve and where possible enhance the biodiversity values, habitat corridors and eco systems and indigenous flora and fauna. The proposed concept will result in retention of a significant number of trees. The provision of a significant increase in public land to state government and/or Council will ensure the landscape can be enhanced and managed in the future resulting in an enhancement in the existing habitat corridor and eco systems.

Clause 22.03- Cultural Heritage Policy: This clause seeks to recognise, protect, conserve, manage and enhance identified cultural heritage places. In considering a request to rezone land, Council will have regard to the requirements of the Aboriginal Heritage Act 2006 and any maps and guidelines produced by Aboriginal Affairs Victoria. An approved CHMP will be required as part of any planning permit assessment.

Clause 22.08- Safety Through Urban Design: This clause seeks to improve safety by encouraging the use of public spaces and improve accessibility by creating attractive, vibrant, walkable environment. Street layouts be attractive and provide natural surveillance and visibility for pedestrians, drivers and occupants. The current proposal has been designed to create safe, attractive spaces that will be inviting to public integration.

Clause 22.10- Bulleen Gateway Policy: The proposed amendment will respond favourably to the objectives of this clause by ensuring a high quality urban design response is provided to the Bulleen Gateway precinct. Furthermore, the relationship between the river corridor will be enhanced through the future public open space. The built form facilitated through the proposed DPO and future Development Plan will provide a sensitive design response to the adjoining parklands.

Does the Amendment make proper use of the Victoria Planning Provisions?

The proposed Amendment seeks to:

• Apply the Residential Growth Zone to facilitate future residential development. • Apply the Public Parks and Recreation Zone to facilitate for the provision of public open space, recreation and conservation. • Apply a Development Plan Overlay and schedule to ensure that the future land uses and development of the land are appropriately managed and planned for. • A variation to the current Design and Development Overlay is required to facilitate the proposed concept.

The subject site is located next to an established residential area, on the opposing side of Templestowe Road. The proposed Residential Growth Zone is consistent with Manningham’s application of the RGZ along main roads in proximity to services. Furthermore, the density sought to be achieved through the DPO is reflective of the purpose of the RGZ and it is considered to be the most appropriate zone within the VPP.

The subject site also contains an established area of PPRZ, being the Parks Victoria land in the northern-eastern section of the site. The extension of this PPRZ area is appropriate, and considered to make proper use of the VPPs.

The introduction of a Schedule to the DPO for the entire site ensures that there will be an appropriate mechanism for assessment of future land use and built form matters under the VPPs. It is also considered that the retention and modification of existing Overlays (DDO and LSIO) on the subject site will further solidify this assessment mechanism.

The application of the DPO (in association with other existing Overlays) will require specific consideration prior to any development or subdivision of the land.

The addition of the Schedule to the DPO is consistent with the purpose of the Overlay, and the broad strategic intent for the land, and is therefore an appropriate use of this tool.

The proposal is consistent with Planning Practice Note 23 (Applying the Incorporated Plan and Development Plan Overlays).

The cumulative application of the revised zoning, and existing and proposed Overlays makes proper use of the Victorian Planning Provisions, and will not result in any overlap with existing provisions, nor will they make any existing provisions within the Manningham Planning Scheme redundant.

How does the Amendment address the views of any relevant agency?

The proposed amendment and concept has been discussed at length with DELWP and this draft planning scheme amendment is the best avenue to address the proposal sought by Yarra Valley Country Club.

Further detailed discussions have occurred with the following relevant agencies:

• Melbourne Water • DELWP’s Land Administration Unit • Parks Victoria • VicRoads • Authority In addition, consultation has occurred with the and adjoining properties, Creative Victoria and local community organisations.

The formal views of the relevant agencies will be addressed as part of the advisory committee process.

Does the Amendment address relevant requirements of the Transport Integration Act 2010?

The Amendment is not expected to have a significant impact on the transport system, as defined by section 3 of the Transport Integration Act 2010.

Resource and administrative costs

It is not considered that the proposed amendment will result in any impacts upon the resourcing nor 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: • City of Manningham, 699 Doncaster Road, Doncaster The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.planning.vic.gov.au/public-inspection.

Submissions

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 7 June 2019. A submission must be sent to:

[insert details].

Panel hearing dates

In accordance with clause 4(2) of Ministerial Direction No.15 the following tentative panel hearing dates have been set for this amendment: • directions hearing: Monday 17 June 2019

• panel hearing: week commencing 1 July 2019

ATTACHMENT 1 - Mapping reference table

Location Land /Area Affected Mapping Reference 9-15 Templestowe Land bounded by the Yarra River Manningham C125MANN Map 01ZN Road and 27-33 and Templestowe Road Zones Exhibition Templestowe Road Manningham C125MANN Map 01DPO , Bulleen Development Plan Exhibition