Cardinia Planning Scheme Amendment C209 Planning Permit Application No P1502 Front Page
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Planning and Environment Act 1987 Panel Report Cardinia Planning Scheme Amendment C209 Planning Permit Application No P1502 Front page 9 January 2017 Planning and Environment Act 1987 Panel Report pursuant to section 25 of the Act Cardinia Planning Scheme Amendment C209 and Planning Permit Application No P1502 9 January 2017 Sue Porter, Chair Cardinia Planning Scheme Amendment C209 and Planning Permit Application No P1502 Panel Report 9 January 2017 Contents Page 1 Introduction ................................................................................................................ 4 1.1 The Amendment ...................................................................................................... 4 1.2 Background to this Amendment ............................................................................. 6 1.3 Panel process ........................................................................................................... 7 1.4 Procedural issues ..................................................................................................... 8 1.5 Summary of issues raised in submissions ............................................................... 8 1.6 Limitations of this Report ...................................................................................... 10 1.7 Issues dealt with in this Report ............................................................................. 10 2 Planning context ....................................................................................................... 11 2.1 Policy framework ................................................................................................... 11 2.2 Planning scheme provisions .................................................................................. 17 2.3 Discussion .............................................................................................................. 24 2.4 Conclusion ............................................................................................................. 24 3 Strategic justification ................................................................................................ 26 3.1 Rezoning of the Golf Club land from PPRZ ............................................................ 26 3.2 Proposed rezoning to LDRZ and application of a VPO1 and DDO1 ....................... 29 3.3 Reduction on the minimum lot size within the LDRZ ............................................ 32 3.4 Rezoning of the Oaktree Drive from RDZ2 to PPRZ .............................................. 38 3.5 Discussion .............................................................................................................. 39 3.6 Conclusion ............................................................................................................. 39 4 The proposed subdivision and permit conditions ...................................................... 40 4.1 The issues .............................................................................................................. 40 4.2 Submissions ........................................................................................................... 40 4.3 Discussion .............................................................................................................. 41 4.4 Conclusion ............................................................................................................. 43 Appendix A Submitters to the Amendment Cardinia Planning Scheme Amendment C209 and Planning Permit Application No P1502 Panel Report 9 January 2017 List of Abbreviations CDZ Comprehensive Development Zone CFA Country Fire Authority DDO Design and Development Overlay DELWP Department of Environment, Land, Water and Planning DTPLI Department of Transport, Planning and Local Infrastructure (former) EPA Environment Protection Authority ER Explanatory Report EVC Ecological Vegetation Class GRZ General Residential Zone LDRZ Low Density Residential Zone LGA Local Government Act LPPF Local Planning Policy Framework MSS Municipal Strategic Statement PPN Planning Practice Note PPRZ Public Park and Recreation Zone PSP Precinct Structure Plan RDZ Road Zone SD Act Subdivision Act 1988 SFP Strategic Framework Plan SPPF State Planning Policy Framework UGB Urban Growth Boundary VPA Victorian Planning Authority VPO Vegetation Protection Overlay VPP Victoria Planning Provisions Cardinia Planning Scheme Amendment C209 and Planning Permit Application No P1502 Panel Report 9 January 2017 Executive Summary (i) Summary The Amendment proposes to: 25 Oaktree Drive, Pakenham Rezone part proposed Lot 1 PS743978C from a Public Park and Recreation Zone (PPRZ) and the land in the Oaktree Drive road reserve from Road Zone Category 2 (RDZ2) to Low Density Residential Zone Schedule 3 (LDRZ3), allowing a minimum subdivision size of 0.2 hectares. Apply the Design and Development Overlay – Schedule 1 (DDO1) and Vegetation Protection Overlay – Schedule 1 (VPO1) to the land proposed to be rezoned. 1, 3, 5, 7, 9, 11 and 13 Ryan Road, Pakenham and 1, 2, 3, 4 and 5 Johanna Court, Pakenham Remove the land from Schedule 1 and include it in Schedule 3 to the LDRZ to provide for a minimum subdivision of 0.2 hectares. 62 Cameron Way, Pakenham Rezone land in the existing Oaktree Drive road reserve (to be known as Proposed Lot 2 PS743978C) from Road Zone Category 2 (RDZ2) to PPRZ. (ii) Planning Permit Application description The Planning Permit Application (Application) is for a two‐lot subdivision (boundary realignment) of Council owned land to create proposed 25 Oaktree Drive, Pakenham (Lot 1 PS743978C). The Amendment/Application both apply to land identified as surplus to the Pakenham Golf Club’s needs and rural‐residential land which is located immediately to the east. The Golf Club land was originally transferred to Council in 1976 as part of the rural‐ residential subdivision to the east. Since that time it has been part of the Pakenham Golf Course. Over a decade ago, Council sought to rezone (Amendment C66) 60% of the Golf Club land from PPRZ to a Comprehensive Development Zone to facilitate the creation of 600 residential lots, retaining 40% of the site for open space, drainage, flood storage and conservation functions. The Amendment was not supported at Panel and ultimately the Amendment was not approved. Since then, Council has prepared the Deep Creek Master Plan which shows how the site will be used and developed for a range of golf, open space, floodway and environmental purposes. As part of this Master Plan, the site occupied by the Golf Club rooms has been identified as surplus. Council seeks to rezone this land to LDRZ3 and apply the DDO1 and VPO1 to reflect the zoning/overlays of surrounding land, and to realign the title boundaries to facilitate the sale of the land. Council is also seeking to reduce the minimum lot size for LDRZ land in Johanna Court/Ryans Road to the east from 0.4 hectares to 0.2 hectares. In 2013, Council prepared Amendment Page 1 Cardinia Planning Scheme Amendment C209 and Planning Permit Application No P1502 Panel Report 9 January 2017 C188 which sought to retain the proposed 0.4 hectare minimum lot size for this land, which was supported at Panel and ultimately approved. Council is now seeking to reverse this. The Amendment was placed on public exhibition between 24 June and 1 August 2016. Thirteen 13 submissions were received, with seven opposing the Amendment/Application. The submissions raised a number of key issues, these being: As the land was gifted to Council for open space/roads, Council does not have the right to sell it. Given its location within the Urban Growth Boundary (UGB) and its proximity to the Pakenham West and East Precinct Structure Plan Areas (PSPs), this land is not surplus and could be used to accommodate future social infrastructure such as a school site or open space, particularly given its locational advantage along the Princes Highway and opposite a commercial precinct. The area of the LDRZ3 rezoning should be extended to include other land also within a LDRZ. Reducing the minimum lot size within the LDRZ will adversely impact neighbourhood character. Concern about the impact of including Oaktree Drive within the PPRZ on legal access and any future plans to upgrade Oaktree Drive to provide a Pakenham By‐ pass. Concern about the potential impact of any future redevelopment of the Golf Club site on the amenity of surrounding area. Concern about the potential impact of future development on the habitat of the Growling Grass Frog. The Amendment is contrary to a Section 173 Agreement. The realignment of the title boundary will create an irregular shaped allotment and render it undevelopable. Support for the Amendment and requests that other property also be rezoned to LDRZ3 to enable subdivision. The Panel has considered the submissions and the material presented to it and considers there are a number of key issues, these are: whether the Council land should be rezoned from PPRZ if the land should be rezoned, is LDRZ the most appropriate zone should Oaktree Drive be rezoned from RDZ2 to PPRZ is the proposal to reduce the minimum lot size for the land within the LDRZ from 0.4 to 0.2 hectares appropriate is the proposed realignment of the title boundaries appropriate are the permit conditions appropriate? The Panel considers that a critical issue in in relation to this Amendment is the fact that this land is located within the South‐Eastern Growth Corridor and that land to the west,