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Melbourne Planning Scheme Amendment C323 Melbourne Arts Precinct, Southbank

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Melbourne Planning Scheme Amendment C323 Melbourne Arts Precinct, Southbank Melbourne Planning Scheme Amendment C323 Melbourne Arts Precinct, Southbank Addendum to October 2018 Town Planning Evidence Prepared by C A Heggen BTRP FPIA Prepared for Creative Victoria October 2019 i Contents 1 Preamble 1 1.1 Introduction 1 1.2 Summary of assessment 1 2 Assessment 2 2.1 What were the principal recommendations of the Panel in its Interim Report? 2 2.2 What has changed in the revised version of Amendment C323 2 2.3 Has there been any relevant change to the planning or physical context since the Panel last considered Am C323? 2 2.4 What issues have been raised by submitters? 3 2.5 Does the revised version of Am C323 deliver an appropriate planning outcome? 3 3 Conclusion 5 Appendix A: Existing controls 6 Appendix B: Re-Exhibited CCZ Schedule 7 9 Appendix C: Witness statement 13 © Message Consultants Australia Pty Ltd 2018 | Ref No: 18137A | Melbourne Planning Scheme Amendment C323 ii 1 Preamble 1.1 Introduction The revised Amendment was re-exhibited from IN ■ Does the revised version of Am C323 deliver an In October 2018 the Panel considered July 2019 and a total of 12 submissions were appropriate planning outcome? Amendment C323 (Am C323) to the Melbourne received, some of which are supportive of the My conclusion is that, whilst in some areas the Planning Scheme which seeks to introduce revised Amendment and others of which raise revised Amendment departs from the approach permanent planning controls for the Melbourne concerns. recommended by the Panel, it provides a sound Arts Precinct in Southbank. I have been requested by Creative Victoria and and logical basis for permanent controls and associated policy directions, subject to some On 3 December 2018, the Panel issued an Interim Melbourne City Council to prepare this addendum minor further refinements recommended later in Panel Report which concluded that whilst there is to my original expert evidence statement of this addendum report. broad policy support for the Amendment, it had October 2018 to address the planning merits of My reasons for these conclusions are set out in concerns with the adequacy of the Amendment as the revised Amendment. the following section of this document. exhibited. 1.2 Summary of assessment Additional background information is included in The Panel’s view was that, whilst refinements to My instructions are principally to consider the the appendices as follows: the controls that were ‘workshopped’ during the appropriateness of the revised Amendment in ■ course of the hearing addressed some of the Appendix A – Current planning controls and terms of both the suitability of the changes that identified shortcomings, these changes ought to policy have been made; and whether there is justification be the subject of further exhibition. In addition the ■ Appendix B – Re-Exhibited CCZ Schedule 7 for the proposed approach where the suggestions Panel identified further work that in its view should ■ Appendix C – Witness Statement of the Panel have not been adopted and an be undertaken to provide an enduring planning alternative is proposed. framework for the Arts Precinct. This addendum does not address the broader “…there is merit in differentiating the state strategic policy and urban context of the Arts significant Melbourne Arts Precinct via its own Precinct which were addressed in my original schedule to the Capital City Zone. This would be evidence and are well understood by the Panel, consistent with comprehensive policy directions to except where this is directly relevant to the issues date. However, the Panel has concerns about the presented by the revised Amendment. effectiveness of the proposed direction and drafting of the Amendment that cannot be However, in undertaking a detailed consideration remedied without further consideration and most of the revised Amendment, I have also considered likely re-exhibition. For these reasons, the Panel whether there have been any relevant changes to is disinclined to finalise the Melbourne Arts the planning context, or physical changes that Precinct Amendment within the confines of the need to be taken into account. drafting undertaken to date.”1 Accordingly I have structured my assessment around the following questions: Since the interim Panel Report was released, the Amendment has been revised by the Melbourne ■ What were the principal issues identified in the City Council in conjunction with Creative Victoria Interim Panel Report? to respond to the issues raised by the Panel (the ■ What changes have been made to the revised Amendment). The revisions take the form Amendment of amendments to the proposed Capital City Zone ■ What issues have been raised by submitters? Schedule (CCZ7) and the inclusion of changes to ■ Has there been any relevant change to the various clauses in the MSS to provide supportive planning or physical context since the Panel policy directions. last considered Am C323? 1 Interim Panel Report, page 17 © Message Consultants Australia Pty Ltd 2019 | Ref No: 18137A | Melbourne Planning Scheme Amendment C323 – Addendum to Evidence 1 2.1 What were the principal Creative Victoria to provide practical guidance, The amendments to CCZ7 include: It is the case that public realm improvements in 2 Assessment given the absence of suitable definitions in the Southbank Boulevard and Dodds Street have recommendations of the Panel ■ Refinements to the purpose of the schedule, Victorian Planning Provisions (VPPs). progressed since that time. However, while these in its Interim Report? which includes a description of the types of ■ Retaining the interim controls of the CCZ works will enhance the physical appearance and Whilst the Panel was of the view that the original arts, culture and creative industry uses Schedule 7 in their current form until more connectivity of the northern end of the Arts Amendment was consistent with strategic policy encouraged to locate within the precinct, in lieu comprehensive and directed permanent Precinct generally, they are not directly relevant to directions for the Melbourne Arts Precinct, it of providing a definition of creative industries in controls are developed and implemented. the Amendment which is primarily aimed at expressed concerns about the workability of the the schedule. However, the Panel also recommended that guiding planning outcomes on privately held land. Amendment as drafted and declined to support it ■ Amendments to the table of uses to include further work be undertaken to strengthen and in its exhibited form. Whilst some of the floor area limits in Section 1 for food and drink Similarly I am not aware of any further Council or refine the Amendment to: refinements suggested by Creative Victoria during premises, shop and place of worship. VCAT decisions on permit applications within the the course of the hearing were found to have ■ Delineate what makes the precinct unique or to ■ Amendments to the application guidelines for precinct that have a bearing on the matters before merit, the Panel was obliged to evaluate the identify the future character sought for the use of land to require an acoustic assessment the Panel. amendment as exhibited. precinct either in its purpose, controls or for residential uses. In terms of the planning context, there have been decision guidelines ■ The Interim Panel Report therefore provides A range of more general refinements to referral no significant changes in State or local planning ■ direction for further work to be undertaken to Consider the role of Design and Development requirements, application requirements and policy or changes in the controls affecting the Arts address the issues identified by the Panel. It does Overlay Schedule 1 (DDO1) in providing decision guidelines. Precinct or neighbouring areas that would change not recommend that the Amendment be guidance for the Arts Precinct and the The changes to MSS relate to Clauses 21.04 the context in which the Amendment is to be abandoned, but rather that further strategic work interaction between DDOs and the strategic Settlement), 21.08 (Economic Development), considered. planning work being undertaken in respect of be undertaken to strengthen and refine the 21.10 (Infrastructure) and 21.13 (Urban Renewal Am C308 which proposes the introduction of new proposed a new Design and Development Amendment, with such revisions to be the subject Areas) and comprise relatively minor wording urban design provisions for the Central City and Overlay proposed within Am C308 (Central City of further public notification. additions to recognise and support the role of the Southbank has progressed since October 2018. and Southbank Urban Design). Arts Precinct and provide a policy basis for The Panel’s key findings in relation to the content ■ Identify and address the future needs of arts increased legibility and the provision for arts, Am C308 has been exhibited and was considered and structure of the Amendment are summarised institutions within the Arts Precinct, as distinct culture and creative industries in the lower levels by a Panel in March 2019. below. from transferring existing zone provisions that of buildings in the precinct. Overall, the Panel was supportive of Am C308 In general terms, the Panel supported the apply to the Southbank area of Melbourne as a Whilst the changes respond to the Panel’s which proposes to: following aspects of the exhibited Amendment and whole. recommendations, some of the recommendations ■ Replace the existing Schedule 1 to the Design refinements suggested through the Panel process: ■ Consider whether transitional provisions are are open to different interpretations and in other and Development Overlay (Active Street ■ The introduction of a specific schedule to the required and what the effect of the Amendment cases an alternative approach is proposed by Frontages) with a revised schedule may be on existing planning permits. Council. My assessment of the suitability of the Capital City Zone (CCZ) for the Melbourne Arts ■ Delete the policy at Clause 22.01 ‘Urban changes is discussed in Section 2.5 of this Precincts.
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