I I I I I MELBOURNE METROPOLITAN PLANNING SCHEME I I I PLA I G I I SCHE E I I ORDI CE I I REPRINT No. I I I

711 . I 4099 451 MEL:M I (1982) I ~------)'f p

I MELBOURNE METROPOLITAN PLANNING SCHEME ORDINANCE REPRINT No.9 I~

Reprint No.9 is the first .step towards new format and presentation of the Planning Scheme Ordinance and I contains amendments gazetted' prior to 7 April 1982. The Board has now commenced to prepare Reprint No. 10. This will incorporate all recently gazetted t amendments and will be published as soon as possible to provide a consolidated document. This will be followed during 1983 by a program of regular updates using the new word processing system now I being installed at the Board. I 1 •

-I DIRECTOR OF PLANNING -I

I !plAN~m\lG & EPA UBRARV I I I I I ~I

. ) 'I· ·71 t 4099· 0.0100142 \ , 4.51 MEl.:M " Melbourne r:netropoli.tan . (1982) . planning s.cheme· I I~I . ordin<;ln~e:~ repr,in~ (lq. 9 ~I I I~NNf 'G [{, EPA I L~!BA RY ----.. '" I ,I

I MELBOURNE METROPOLITAN PLANNING SCHEME I I I I PLANNING ,I SCHEME I I ORDINANCE I I

I NOTE The Planning Scheme which on the 7th of April. 1982. has been varied by the instruments as referred to hereinafter is constituted by the Planning Scheme Map and the Ordinance and was approved by the Governor in Council on the 30th of April. I 1968. and the requisite notice thereof was published in the Government Gazette on the 22nd of May. 1968. Copies of the documents comprising the Planning Scheme are available for inspection free of charge at the office of the Board of Works and at the office of the Department of Planning and as to so much of the Planning Scheme as relates to land in I the municipal district of any municipality at the office of such municipality. I

(i) I (Reprint No. 9) (6 ·oN lU!Jdal;f) I (!!) I I I I I I I (I I I I I I I I I I I I I THIS PLANNING SCHEME HAS BEEN VARIED BYTHE INSTRUMENTS REFERRED TO HEREUNDER DATE PUBLISHED IN DESCRIPTION OF INSTRUMENT GOVERNMENT GAZETIE I Melbourne Metropolitan Planning Scheme Amendment No. 1 (Map & Ordinance) 9-1-70 Melbourne Metropolitan Planning Scheme Amendment No. 2 (Map & Ordinance) 11-2-70 Melbourne Metropolitan Planning Scheme Amendment No. 3 Part 1A (Map & Ordinance) 20-12-78 Melbourne Metropolitan Planning Scheme Amendment No. 3 Part 1 B (Map & Ordinance) 21-5-80 I Melbourne Metropolitan Planning Scheme Amendment No, 3 Part 1 C (Map) 24-9-80 Melbourne Metropolitan Planning Scheme Amendment No. 3 Part 1 D (Map) 17-12-80 Melbourne Metropolitan Planning Scheme Amendment No, 3 Part 1 E (Map) 16-9-81 Melbourne Metropolitan Planning Scheme Amendment No. 3 Part 1 G (Map) 10-2-82 I Melbourne Metropolitan Planning Scheme Amendment No. 4 (Ordinance). 4-12-68 Melbourne Metropolitan Planning Scheme Amendment No. 4A (Ordinance) 24-12-68 Melbourne Metropolitan Planning Scheme Amendment No. 5 (Map) 26-3-69 Melbourne Metropolitan Planning Scheme Amendment No, 6 (Ordinance) 18-12-68 'I Melbourne Metropolitan Planning Scheme Amendment No, 7(Map) 10-2-71 Melbourne Metropolitan Planning Scheme Amendment No. 8 (Map) 23-4-69 Melbourne Metropolitan Planning Scheme Amendment No. 9(Map) 16-12-70 Melbourne Metropolitan Planning Scheme Amendment No. 10 (Ordinance) 5-11-69 Melbourne Metropolitan Planning Scheme Amendment No. 11 (Ordinance) 19-12-69 I Melbourne Metropolitan Planning Scheme Amendment No. 12 (Map & Ordinance) 2-8-72 Melbourne Metropolitan Planning Scheme Amendment No. 13 (Map) 23-12-70 Melbourne Metropolitan Planning Scheme Amendment No. 14 (Ordinance) 23-9-70 Melbourne Metropolitan Planning Scheme Amendment No. 15 (Map) 14-7-76 I Melbourne Metropolitan Planning Scheme Amendment No. 16 (Map & Ordinance) 4-8-71 Melbourne Metropolitan Planning Scheme Amendment No. 17 (Ordinance) 25-10-72 Melbourne Metropolitan Planning Scheme Amendment No. 18 (Ordinance) 8-1-71 Melbourne Metropolitan Planning Scheme Amendment No. 18A (Ordinance) 20-12-72 I Melbourne Metropolitan Planning Scheme Amendment No. 19 (Ordinance) 26-8-70 Melbourne Metropolitan Planning Scheme Amendment No. 19A (Ordinance) 28-10-70 Melbourne Metropolitan Planning Scheme Amendment No. 19B (Ordinance) 28-10-70 19-4-73 !( Melbourne Metropolitan Planning Scheme Amendment No. 19C (Ordinance) F I Melbourne Metropolitan Planning Scheme Amendment No. 20 (Map & Ordinance) 22-12-71 Melbourne Metropolitan Planning Scheme Amendment No. 21 Part 1 (Map) 24-9-75 Melbourne Metropolitan Planning Scheme Amendment No. 21 Part 2 (Map) 14-4-76 Melbourne Metropolitan Planning Scheme Amendment No. 21 Part 3 (Map) 7-1-76 I Melbourne Metropolitan Planning Scheme Amendment No. 21 Part 4 (Map & Ordinance) 3-12-75 Melbourne Metropolitan Planning Scheme Amendment No. 21 Part 5 (Map) 7-1-76 Melbourne Metropolitan Planning Scheme Amendment No. 21 Part 6 (Map) 3-12-75 Melbourne Metropolitan Planning Scheme Amendment No. 21 Part 7 (Map) 7-4-76 Melbourne Metropolitan Planning Scheme Amendment No. 21 Part 8A (Map & Ordinance) 23-8-78 Melbourne Metropolitan Planning Scheme Amendment No, 21 Part 8B (Map) 26-4-79 Melbourne Metropolitan Planning Scheme Amendment No. 22 (Map) 1-9-71 Melbourne Metropolitan Planning Scheme Amendment No. 23 Part 1 (Map) 2-10-74 Melbourne Metropolitan Planning Scheme Amendment No. 24 (Ordinance) 1-11-72 Melbourne Metropolitan Planning Scheme Amendment No. 25 (Map) 5-5-71 Melbourne Metropolitan Planning Scheme Amendment No, 26 (Map) 5-12-73 Melbourne Metropolitan Planning Scheme Amendment No. 27 Part 1 (Map) 17-10-73 I, Melbourne Metropolitan Planning Scheme Amendment No. 27 Part 2 (Map & Ordinance) 24-7-74 Melbourne Metropolitan Planning Scheme Amendment No. 27 Part 3 (Map) 14-8-74 Melbourne Metropolitan Planning Scheme Amendment No. 27 Part 4 (Map) 7-5-75 Melbourne Metropolitan Planning Scheme Amendment No. 27 Part 5 (Map) 15-10-75 I, Melbourne Metropolitan Planning Scheme Amendment No. 27 Part 6 (Mi'lp) 11-2-76 Melbourne Metropolitan Planning Scheme Amendment No. 28 (Ordinance) 11-4-73 Melbourne Metropolitan Planning Scheme Amendment No. 29 Part 1 (Map) 6-11-74 Melbourne Metropolitan Planning Scheme Amendment No. 30 (Ordinance) 25-7-79 I Melbourne Metropolitan Planning Scheme Amendment No. 31 (Map) 10-5-72 Melbourne Metropolitan Planning Scheme Amendment No, 32 (Map) 12-4-72 Melbourne Metropolitan Planning Scheme Amendment No. 33 (Map) 23-8-72 Melbourne Metropolitan Planning Scheme Amendment No. 34 Part 1 (Map & Ordinance) 6-11-74 ,I Melbourne Metropolitan Planning Scheme Amendment No. 34 Part 2 (Map & Ordinance) 11-6-75 Melbourne Metropolitan Planning Scheme Amendment No. 34 Part 3 (Map) 13-8-75 Melbourne Metropolitan Planning Scheme Amendment No. 34 Part 4 (Map) 22-9-76 Melbourne Metropolitan Planning Scheme Amendment No. 34 Part 5 (Map) 1-12-76 I Melbourne Metropolitan Planning Scheme Amendment No. 34 Part 6 (Map) 19-11-80 Melbourne Metropolitan Planning Scheme Amendment No. 35 Part 1 (Map) 2-7-75 I

(iii) I (Reprint No, 9) I I DATE PUBLISHED IN I DESCRIPTION OF INSTRUMENT GOVERNMENT GAZETTE Melbourne Metropolitan Planning Scheme Amendment No. 35 Part 2 (Map & Ordinance) 2-6-76 I Melbourne Metropolitan Planning Scheme Amendment No. 35 Part 3 (Ordinance) 10-11-76 Melbourne Metropolitan Planning Scheme Amendment No. 35 Part 4 (Map) 11-2-76 Melbourne Metropolitan Planning Scheme Amendment No. 35 Part 5 (Map) 17-3-76 Melbourne Metropolitan Planning Scheme Amendment No. 35 Part 6 (Map) 8-9-76 I Melbourne Metropolitan Planning Scheme Amendment No. 36 Part 1A (Map) 7-5-75 Melbourne Metropolitan Planning Scheme Amendment No. 36 Part 1 B (Map & Ordinance) 13-8-75 Melbourne Metropolitan Planning Scheme Amendment No. 36 Part 2 (Map) 27-8-80 Melbourne Metropolitan Planning Scheme Amendment No. 37(Map) 15-11-72 I Melbourne Metropolitan Planning Scheme Amendment No. 38(Map) 20-12-72 Melbourne Metropolitan Planning Scheme Amendment No. 39 (Map) 13-6-73 Melbourne Metropolitan Planning Scheme Amendment No. 41 (Ordinance) 27-8-75 Melbourne Metropolitan Planning Scheme Amendment No. 42 (Map) 22-10-75 I Melbourne Metropolitan Planning Scheme Amendment No. 43 (Map) 28-11-73 Melbourne Metropolitan Planning Scheme Amendment No. 44 (Map) 27-2-74 Melbourne Metropolitan Planning Scheme Amendment No. 45 (Map & Ordinance) 3-5-78 Melbourne Metropolitan Planning Scheme Amendment No. 46 (Ordinance) 27-3-74 I Melbourne Metropolitan Planning Scheme Amendment No. 47 (Map) 5-3-75 Melbourne Metropolitan Planning Scheme Amendment No. 48 (Map) 10-4-74 Melbourne Metropolitan Planning Scheme Amendment No. 49 Part 1 (Map) 23-4-76 Melbourne Metropolitan Planning Scheme Amendment No. 49 Part 2 (Map & Ordinance) 21-7-76 Melbourne Metropolitan Planning Scheme Amendment No. 49 Part 3 (Map) 18-8-76 I Melbourne Metropolitan Planning Scheme Amendment No. 50(Map) 5-11-75 Melbourne Metropolitan Planning Scheme Amendment No. 51 (Ordinance) 5-3-75 Melbourne Metropolitan Planning Scheme Amendment No. 52 (Map) 8-10-75 Melbourne Metropolitan Planning Scheme Amendment No. 53 (Map) 25-9-74 I Melbourne Metropolitan Planning Scheme Amendment No. 54 Part 1 (Map) 8-10-75 I Melbourne Metropolitan Planning Scheme Amendment No. 54 Part 2 (Map) 1-9-76 Melbourne Metropolitan Planning Scheme Amendment No. 54 Part 3 (Map) 10-3-76 I Melbourne Metropolitan Planning Scheme Amendment No. 56 Part 1 (Map) 24-3-76 I Melbourne Metropolitan Planning Scheme Amendment No. 56 Part 2A (Map & Ordinance) 1-6-77 Melbourne Metropolitan Planning Scheme Amendment No. 56 Part 2B (Ordinance) 16-5-79 Melbourne Metropolitan Planning Scheme Amendment No. 57 Part 1 (Map) 18-8-76 Melbourne Metropolitan Planning Scheme Amendment No. 57 Part 2 (Map & Ordinance) 10-11-76 I Melbourne Metropolitan Planning Scheme Amendment No. 57 Part 2A (Map) 16-2-77 Melbourne Metropolitan Planning Scheme Amendment No. 57 Part 3 (Map) 22-12-76 Melbourne Metropolitan Planning Scheme Amendment No. 57 Part 5 (Map) 13-12-78 I, Melbourne Metropolitan Planning Scheme Amendment No. 58 (Ordinance) 8-10-75 Melbourne Metropolitan Planning Scheme Amendment No. 59 (Map) 23-2-77 Melbourne' Metropolitan Planning Scheme Amendment No. 60 Part 1 (Map) 12-12-79 Melbourne Metropolitan Planning Scheme Amendment No. 61 (Ordinance) 3-9-75 62 Part 1A (Map) I, Melbourne Metropolitan Planning Scheme Amendment No. 22-9-76 Melbourne Metropolitan Planning Scheme Amendment No. 62 Part 1 B (Map) 27-10-76 Melbourne Metropolitan Planning Scheme Amendment No. 62 Part 2 (Map & Ordinance) 21-6-78 Melbourne Metropolitan Planning Scheme Amendment No. 62 Part 3 (Map) 22-12-76 Melbourne Metropolitan Planning Scheme Amendment No. 62 Part 4 (Map) 15-4-77 Melbourne Metropolitan Planning Scheme Amendment No. 64 Part 1 (Map & Ordinance) 9-3-77 Melbourne Metropolitan Planning Scheme Amendment No. 64 Part 1A (Map) 14-3-79 Melbourne Metropolitan Planning Scheme Amendment No. 64 Part 2 (Map) 1-3-78 ,I, Melbourne Metropolitan Planning Scheme Amendment No. 64 Part 2A (Map) 31-5-78 Melbourne Metropolitan Planning Scheme Amendment No. 64 Part 3 (Map) 28-9-77 Melbourne Metropolitan Planning Scheme Amendment No. 65 (Map & Ordinance) 15-12-76 Melbourne Metropolitan Planning Scheme Amendment No. 66(Map) 23-11-77 Melbourne Metropolitan Planning Scheme Amendment No. 67 (Map & Ordinance) 13-10-76 I Melbourne Metropolitan Planning Scheme Amendment No. 68 Part 1 (Map) 15-6-77 Melbourne Metropolitan Planning Scheme Amendment No. 68 Part 2A (Map & Ordinance) 8-2-78 Melbourne Metropolitan Planning Scheme Amendment No. 68 Part 2B (Ordinance) 29-11-78 Melbourne Metropolitan Planning Scheme Amendment No. 69 Part 1 (Map) 14-2-79 I· Melbourne Metropolitan Planning Scheme Amendment No. 69 Part 2 (Map) 14-11-79 Melbourne Metropolitan Planning Scheme Amendment No. 69 Part 3 (Map) 4-11-81 Melbourne Metropolitan Planning Scheme Amendment No. 69 Part 4 (Map) 9-12-81 Melbourne Metropolitan Planning Scheme Amendment No. 70 Part 1 (Map) 14-12-77 Melbourne Metropolitan Planning Scheme Amendment No. 70 Part 2 (Map) 13-7-77 I I (iv) (Reprint No.9) I DATE PUBLISHED IN DESCRIPTION OF INSTRUMENT GOVERNMENT GAZETTE Melbourne Metropolitan Planning Scheme Amendment No. 70 Part 3 (Map) 9-11-77 Melbourne Metropolitan Planning Scheme Amendment No. 70 Part 4A (Map & Ordinance) 30-8-78 Melbourne Metropolitan Planning Scheme Amendment No. 70 Part 4B (Ordinance) 20-9-78 Melbourne Metropolitan Planning Scheme Amendment No.· 70 Part 4C (Map & Ordinance) 17-1-79 Melbourne Metropolitan Planning Scheme Amendment No. 72 Part 1 (Map) 5-4-78 Melbourne Metropolitan Planning Scheme Amendment No. 72 Part 2A (Map & Ordinance) 20-9-78 Melbourne Metropolitan Planning Scheme Amendment No. 72 Part 2B (Map) 13-12-78 Melbourne Metropolitan Planning Scheme Amendment No. 72 Part 3 (Map) 7-5-80 I Melbourne Metropolitan Planning Scheme Amendment No. 73 (Map) 27-10-76 Melbourne Metropolitan Planning Scheme Amendment No. 74 (Map & Ordinance) 15-4-77 Melbourne Metropolitan Planning Scheme Amendment No. 75 (Map) 14-12-77 Melbourne Metropolitan Planning Scheme Amendment No. 76 Part 1 (Map) 23-8-78 '1 Melbourne Metropolitan Planning Scheme Amendment No. 77 Part 1 (Map) 5-7-78 Melbourne Metropolitan Planning Scheme Amendment No. 77 Part 2 (Map) 9-8-78 Melbourne Metropolitan Planning Scheme Amendment No. 77 Part 3 (Ordinance) 4-4-79 Melbourne Metropolitan Planning Scheme Amendment No. 77 Part 4 (Map) 20-4-79 I Melbourne Metropolitan Planning Scheme Amendment No. 78(Map) 4-5-77 Melbourne Metropolitan Planning Scheme Amendment No. 79(Map) 10-8-77 Melbourne Metropolitan Planning Scheme Amendment No. ,80 (Map & Ordinance) 31-8-77 Melbourne Metropolitan Planning Scheme Amendment No. 81 Part 1 (Map) 5-7-78 Melbourne Metropolitan Planning Scheme Amendment No. 81 Part 2 (Map) 16-5-79 Melbourne Metropolitan Planning Scheme Amendment No. 81 Part 3 (Map) 20-12-78 Melbourne Metropolitan Planning Scheme Amendment No. 81 Part 4 (Map) 12-9-79 Melbourne Metropolitan Planning Scheme Amendment No. 82 Part 1 (Map) 6-9-78 Melbourne Metropolitan Planning Scheme Amendment No. 82 Part 2 (Map) 29-11-78 Melbourne Metropolitan Planning Scheme Amendment No. 83 Part 1 (Map) 15-11-78 Melbourne Metropolitan Planning Scheme Amendment No. 83 Part 2 (Map & Ordinance) 14-2-79 Melbourne Metropolitan Planning Scheme Amendment No. 83 Part 3A (Map) 27-6-79 Melbourne Metropolitan Planning Scheme Amendment No. 83 Part 3B (Map) 12-9-79 ·1 Melbourne Metropolitan Planning Scheme Amendment No. 83 Part 3C (Map) 8-4-81 Melbourne Metropolitan Planning Scheme Amendment No. 84 (Map) 9-11-77 Melbourne Metropolitan Planning Scheme Amendment No. 85 (Map) 9-11-77 Melbourne Metropolitan Planning Scheme Amendment No. 86 (Map) 9-11-77 I Melbourne Metropolitan Planning Scheme Amendment No. 87 Part 1 (Map) 31-1-79 Melbourne Metropolitan Planning Scheme Amendment No. 87 Part 2A (Map) 16-5-79 Melbourne Metropolitan Planning Scheme Amendment No. 87 Part 3 (Map & Ordinance) 4-1-80 Melbourne Metropolitan Planning Scheme Amendment No. 88 Part 1A (Map) 27-6-79 Melbourne Metropolitan Planning Scheme Amendment No. 88 Part 2A (Ordinance) 12-9-79 Melbourne Metropolitan Planning Scheme Amendment No. 88 Part 2B (Map) 27-8-80 Melbourne Metropolitan Planning Scheme Amendment No. 88 Part 2C (Map) 9-7-80 Melbourne Metropolitan Planning Scheme Amendment No. 88 Part 3 (Map) 20-5-81 Melbourne Metropolitan Planning Scheme Amendment No. 88 Part 4 (Map) 19-8-81 Melbourne Metropolitan Planning Scheme Amendment No. 89 (Map) 20-5-81 Melbourne Metropolitan Planning Scheme Amendment No. 90 Part 1A (Map) 18-7-79 Melbourne Metropolitan Planning Scheme Amendment No. 90 Part 1 B (Map) 3-10-79 I Melbourne Metropolitan Planning Scheme Amendment No. 90 Part 1C (Map & Ordinance) 19-12-79 Melbourne Metropolitan Planning Scheme Amendment No. 90 Part 1 D (Map & Ordinance) 3-6-81 Melbourne Metropolitan Planning Scheme Amendment No. 90 Part 2A (Map & Ordinance) 5-12-79 Melbourne Metropolitan Planning Scheme Amendment No. 90 Part 3A (Map) 25-6-80 I· Melbourne Metropolitan Planning Scheme Amendment No. 90 Part 4 (Map & Ordinance) 26-11-80 Melbourne Metropolitan Planning Scheme Amendment No. 90 Part 5 (Map) 6-2-80 Melbourne Metropolitan Planning Scheme Amendment No. 91 Part 1 (Map) 29-8-79 Melbourne Metropolitan Planning Scheme Amendment No. 91 Part 2 (Map & Ordinance) 17-10-79 I Melbourne Metropolitan Planning Scheme Amendment No. 92 Part 1 (Map) 21-3-79 Melbourne Metropolitan Planning Scheme Amendment No. 92 Part 2 (Map) 22-8-79 Melbourne Metropolitan Planning Scheme Amendment No. 92 Part 3 (Map) 12-9-79 Melbourne Metropolitan Planning Scheme Amendment No. 93 (Map) 6-1-78 ·1· Melbourne Metropolitan Planning Scheme Amendment No. 95(Map) 9-8-78 Melbourne Metropolitan Planning Scheme Amendment.No. 97 (Ordinance) 27-9-78 Melbourne Metropolitan ~Ianning Scheme Amendment No. 98 (Map) 22-3-78 Melbourne Metropolitan Planning Scheme Amendment No.1 00 (Ordinance) 1-3-78 Melbourne Metropolitan Planning Scheme Amendment No.1 01 (Map) 28-2-79 Melbourne Metropolitan Planning Scheme Amendment No.1 02 (Map) 18-10-78 I

(v) I (Reprint No.9) I DATE PUBLISHED IN . DESCRIPTION OF INSTRUMENT GOVERNMENT GAZETIE Melbourne Metropolitan Planning Scheme Amendment No.1 04 Part 1 (Map) 7-5-80 I Melbourne Metropolitan Planning Scheme Amendment No.1 04 Part 2A (Map & Ordinance) 11-6-80 Melbourne Metropolitan Planning Scheme Amendment No.1 04 Part 2B (Map) 6-8-80 Melbourne Metropolitan Planning Scheme Amendment No.1 04 Part 3 (Map) 20-8-80 Melbourne Metropolitan Planning Scheme Amendment No.1 04 Part 4 (Map) 27-8-80 I Melbourne Metropolitan Planning Scheme Amendment No.1 04 Part 5 (Map) 6-5-81 Melbourne Metropolitan Planning Scheme Amendment No.1 05 (Map) 19-7-78 Melbourne Metropolitan Planning Scheme Amendment No.1 06 (Map) 14-6-78 Melbourne Metropolitan Planning Scheme Amendment No.1 07 (Ordinance) 20-9-78 I Melbourne Metropolitan Planning Scheme Amendment No.1 08 (Ordinance) 11-8-78 Melbourne Metropolitan Planning Scheme Amendment No.1 09 (Ordinance) 17-1-79 Melbourne Metropolitan Planning Scheme Amendment No. 110 Part 1A (Map) 6-2-80 Melbourne Metropolitan Planning Scheme Amendment No. 110 Part 1 B (Map) 2-7-80 I Melbourne Metropolitan Planning Scheme Amendment No. 110 Part 2 (Map) 17-10-79 Melbourne Metropolitan Planning Scheme Amendment No. 110 Part 3 (Map) 19-12-79 Melbourne Metropolitan Planning Scheme Amendment No. 110 Part 4 (Map) 24-9-80 Melbourne Metropolitan Planning Scheme Amendment No. 111 Part 1 (Map) 21-11-79 I Melbourne Metropolitan Planning Scheme Amendment No. 111 Part 2 (Map) 20-8-80 Melbourne Metropolitan Planning Scheme Amendment No. 113 Part 1A (Map) 18-6-80 Melbourne Metropolitan Planning Scheme Amendment No. 113 Part 1 B (Map & Ordinance) 7-4-82 Melbourne Metropolitan Planning Scheme Amendment No. 113 Part 2A (Map) 3-9-80 I Melbourne Metropolitan Planning Scheme Amendment No. 113 Part 2B (Map & Ordinance) 3-6-81 Melbourne Metropolitan Planning Scheme Amendment No. 114 Part 1A (Map) 26-11-80 Melbourne Metropolitan Planning Scheme Amendment No. 114 Part 1 B (Map) 17-12-80 Melbourne Metropolitan Planning Scheme Amendment No. 114 Part 1 C (Map & Ordinance) 13-5-81 I Melbourne Metropolitan Planning Scheme Amendment No. 114 Part 2 (Map) 22-7-81 MelbolJrne Metropolitan Planning Scheme A":'lendment No. 115 Part 1A (Map) 30-7-80 Melbourne Metropolitan Planning Scheme Amendment No. 115 Part 1 B (Map) 19-11-80 Melbourne Metropolitan Planning Scheme Amendment No. 115 Part 2A (Map & Ordinance) 1-10-80 I Melbourne Metropolitan Planning Scheme Amendment No. 115 Part 2B (Ordinance) 19-8-81 Melbourne Metropolitan Planning Scheme Amendment No. 116 Part 1 (Map) 30-1-80 Melbourne Metropolitan Planning Scheme Amendment No. 116 Part 2 (Map) 24-9-80 Melbourne Metropolitan Planning Scheme Amendment No. 117 (Map) 20-4-79 Melbourne Metropolitan Planning Scheme Amendment No. 118 (Map) 21-2-79 I Melbourne Metropolitan Planning Scheme Amendment No. 119 (Map) 4-4-79 Melbourne Metropolitan Planning Scheme Amendment No.1 20 Part 1A (Map) 25-2-81 Melbourne Metropolitan Planning Scheme Amendment No. 120 Part 1 B (Map) 16-9-81 6-1-82 I Melbourne Metropolitan Planning Scheme Amendment No. 120 Part 2 (Map) Melbourne Metropolitan Planning Scheme Amendment No. 120 Part 3A (Map & Ordinance) 18-3-81 Melbourne Metropolitan Planning Scheme Amendment No. 120 Part 4 (Map & Ordinance) 13-5-81 Melbourne Metropolitan Planning Scheme Amendment No.1 20 Part 5 (Map) 18-3-81 Melbourne Metropolitan Planning Scheme Amendment No. 121 (Map) 28-3-79 I Melbourne Metropolitan Planning Scheme Amendment No. 122 (Ordinance) 11-4-79 Melbourne Metropolitan Planning Scheme Amendment No. 123 (Map) 16-5-79 Melbourne Metropolitan Planning Scheme Amendment No. 124 (Map) 25-7-79 Melbourne Metropolitan Planning Scheme Amendment No. 125 (Map) 3-10-79 I Melbourne Metropolitan Planning Scheme Amendment No. 126 (Map) 5-3-80 Melbourne Metropolitan Planning Scheme Amendment No. 127 (Ordinance) 5-9-79 Melbourne Metropolitan Planning Scheme Amendment No. 128 (Ordinance) 19-11-80 Melbourne Metropolitan Planning Scheme Amendment No. 129 (Map) 17-10-79 ·1 Melbourne Metropolitan Planning Scheme Amendment No. 131 Part 1 (Map) 22-7-81 Melbourne Metropolitan Planning Scheme Amendment No. 131 Part 2 (Map) 22-7-81 Melbourne Metropolitan Planning Scheme Amendment No. 132 (Ordinance) 10-10-79 Melbourne Metropolitan Planning Scheme Amendment No. 133 (Ordinance) 11-10-79 I Melbourne Metropolitan Planning Scheme Amendment No. 134 (Ordinance) 5-12-79 Melbourne Metropolitan Planning Scheme Amendment No. 135 (Map) 7-1-81 Melbourne Metropolitan Planning Scheme Amendment No. 136 (Ordinance) 19-12-79 Melbourne Metropolitan Planning Scheme Amendment No. 137 Part 1A (Map) 17-12-80 I Melbourne Metropolitan Planning Scheme Amendment No. 137 Part 1 B (Map) 27-5-81 Melbourne Metropolitan Planning Scheme Amendment No. 137 Part 1 C (Map) 9-9-81 Melbourne Metropolitan Planning Scheme Amendment No. 137 Part 2 (Map) 29-7-81 ,I Melbourne Metropolitan Planning Scheme Amendment No. 138 Part 1 (Map) 24-4-81 Melbourne Metropolitan Planning Scheme Ame'ldment No. 138 Part 2A (Map & Ordinance) 10-2-82 I I

(vi) (Reprint No.9) I I DATE PUBLISHED IN DESCRIPTION OF INSTRUMENT GOVERNMENT GAZETIE I Melbourne Metropolitan Planning Scheme Amendment No. 138 Part 3 (Map) 25-11-81 Melbourne Metropolitan Planning Scheme Amendment No. 139 Part 1A (Map) 14-1-81 Melbourne Metropolitan Planning Scheme Amendment No. 139 Part 1 B (Map) 16-9-81 Melbourne Metropolitan Planning Scheme Amendment No. 139 Part 2 (Map) 19-8-81 'I Melbourne Metropolitan Planning Scheme Amendment No. 140 Part 1 (Map) 5-8-81 Melbourne Metropolitan Planning Scheme Amendment No. 140 Part 2A (Map & Ordinance) 5-8-81 Melbourne Metropolitan Planning Scheme Amendment No. 140 Part 3 (Map & Ordinance) 7-4-82 Melbourne Metropolitan Planning Scheme Amendment No. 141 Part 1A (Map) 1-7-81 I Melbourne Metropolitan Planning Scheme Amendment No. 141 Part 1 B (Map) 23-9-81 Melbourne Metropolitan Planning SchellJe Amendment No. 141 Part 2A (Map) 28-10-81 Melbourne Metropolitan Planning Scheme Amendment No. 141 Part 2B (Ordinance) 9-12-81 Melbourne Metropolitan Planning Scheme Amendment No. 141 Part 2C (Map) 7-4-82 I' Melbourne Metropolitan Planning Scheme Amendment No. 142 Part 1 (Map) 30-9-81 Melbourne Metropolitan Planning Scheme Amendment No. 142 Part 2 (Map) 23-9-81 Melbourne Metropolitan Planning Scheme Amendment No. 142 Part 3 (Map & Ordinance) 10-3-82 Melbourne Metropolitan Planning Scheme Amendment No. 143 Part 1 (Map) 23-9-81 I Melbourne Metropolitan Planning Scheme Amendment No. 143 Part 3 (Map & Ordinance) 7-4-82 Melbourne Metropolitan Planning Scheme Amendment No. 144 (Map & Ordinance) 28-5-80

I Melbourne Metropolitan Planning Scheme Amendment No. 147 (Map) 6-8-80 Melbourne Metropolitan Planning Scheme Amendment No. 148 (Map) 23-7-80

Melbourne Metropolitan Planning Scheme Amendment No. 151 (Map & Ordinance) 12-8-81 I Melbourne Metropolitan Planning Scheme Amendment No. 152 (Map & Ordinance) 27-5-81 Melbourne Metropolitan Planning Scheme Amendment No. 154 Part 1A (Map) 4-11-81 Melbourne Metropolitan Planning Scheme Amendment No. 154 Part 1 B (Map) 18-11-81 I Melbourne Metropolitan Planning Scheme Amendment No. 155 Part 2 (Ordinance) 24-3-82 Melbourne Metropolitan Planning Scheme Amendment No. 156 Part 1 (Map) 13-1-82

Melbourne Metropolitan Planning Scheme Amendment No. 158 Part 1 (Map) 24-3-82 I· Melbourne Metropolitan Planning Scheme Amendment No. 158 Part 2 (Map & Ordinance) 7-4-82 Melbourne Metropolitan Planning Scheme Amendment No.1 59 Part 1 (Map) 2-12-81 Melbourne Metropolitan Planning Scheme Amendment No. 160 Part 1 (Map & Ordinance) 24-3-82 Melbourne Metropolitan Planning Scheme Amendment No. 161 (Map) 17-12-80 , Melbourne Metropolitan Planning Scheme Amendment No. 162 (Map & Ordinance) 13-5-81 Melbourne Metropolitan Planning Scheme Amendment No. 163 (Map & Ordinance) 26-8-81 Melbourne Metropolitan Planning Scheme Amendment No. 164 (Map) 4-3-81 I Melbourne Metropolitan Planning Scheme Amendment No. 165 (Map & Ordinance) 25-3-81 Melbourne Metropolitan Planning Scheme Amendment No. 168 (Map) 1 -4-81

I Melbourne Metropolitan Planning Scheme Amendment No. 174 (Map) 1-7 -81 Melbourne Metropolitan Planning Scheme Amendment No. 175 (Map). 28-10-81

Melbo.urne Metropolitan Planning Scheme Amendment No. 178 (Ordinance) 9-9-81 :1 Melbourne Metropolitan Planning Scheme Amendment No. 179 (Ordinance 27-1-82 Melbourne Metropolitan Planning Scheme Amendment No. 180 (Ordinance) 25-11-81

Melbourne Metropolitan Planning Scheme Amendment No. 195 (Ordinance) 27 -11 -81 Melbourne Metropolitan Planning Scheme Amendment No. 196 (Ordinance) 6-1-82 Melbourne Metropolitan Planning Scheme Amendment No. 197 (Ordinance) 13-1-82

Melbourne Metropolitan Planning Scheme Amendment No. 199 (Map & Ordinance) 13-1-82 Melbourne Metropolitan Planning Scheme Amendment No.200 (Ordinance) 20-1-82

Melbourne Metropolitan Planning Scheme Amendment No. 204 (Ordinance) 24-2-82

Melbourne Metropolitan Planning Scheme Amendment No. 207 (Map) 3-3-82 Melbourne Metropolitan Planning Scheme Amendment No. 208 (Map) 7-4-82 Melbourne Metropolitan Planning Scheme Amendment No. 209 (Ordinance) 7-4-82

I (vii) I (Reprint No.9) I DATE PUBLISHED IN DESCRIPTION OF INSTRUMENT GOVERNMENT GAZETIE I: Melbourne Metropolitan Planning Scheme Revocation No. 1 (Map) 6-12-72 Melbourne Metropolitan Planning Scheme Revocation No. 2(Map) 18-7-73 Melbourne Metropolitan Planning Scheme Revocation No. 3(Map) 12-2-75 Melbourne Metropolitan Planning Scheme Revocation No. 4(Map) 9-4-75 I Melbourne Metropolitan Planning Scheme Revocation No. 5(Map) 2-7-75 Melbourne Metropolitan Planning Scheme Revocation No. 6(Map) 22-10-75 Melbourne Metropolitan Planning Scheme Revocation No. 7 (Map) 3-3-76 Melbourne Metropolitan Planning Scheme Revocation No. 8 (Map) 7-4-76 Melbourne Metropolitan Planning Scheme Revocation No. 9(Map) 2-3-77 I Melbourne Metropolitan Planning Scheme Revocation No.1 0 (Map) 8-6-77 Melbourne Metropolitan Planning Scheme Revocation No. 11 (Map) 27-7-77 Melbourne Metropolitan Planning Scheme Revocation No. 12 (Map) 11-10-78 Melbourne Metropolitan Planning Scheme Revocation No. 13 (Map) 16-5-79 Melbourne Metropolitan Planning Scheme Revocation No. 14 (Map) 27-6-79 Melbourne Metropolitan Planning Scheme Revocation No. 16 (Map) 15-10-80 Melbourne Metropolitan Planning Scheme Revocation No. 17 (Map) 27-5-81 . Melbourne Metropolitan Planning Scheme Revocation No. 18 (Map) 17-12-80 Melbourne Metropolitan Planning Scheme Revocation No. 19(Map) 25-2-81 Melbourne Metropolitan Planning Scheme Revocation No. 20 (Map) 26-8-81 Melbourne Metropolitan Planning Scheme Revocation No. 21 (Map) 30-9-81 Melbourne Metropolitan Planning Scheme Revocation No. 22 (Map) 30-9-81 I Melbourne Metropolitan Planning Scheme Revocation No. 23 (Map) 24-2-82 I I -I

I I·

-

(viii) (Reprint No.9) I I Includes AM. No. 209 (Gazetted 7 'April 1982)

MELBOURNE AND METROPOLITAN I PLANNING SCHEME

'I PLANNING SCHEME . ORDINANCE

I' TABLE OF CONTENTS Note: In the following Table the contents of this Ordinance, as at 7.4.82 have been set out as completely as practicable. The Table does NOT form part of the Planning Scheme Ordinance and it is advised that, as every aspect of the provisions of the Ordinance is I' not detailed, reference to the Ordinance itself should be made for information relating to the provisions thereof. Clause Part I -INTRODUCTORY AND GENERAL Page .1 Elements of Planning Scheme 1 I ·2(1 ) Interpretation 1 2(2) Determination of a boundary of any zone, reserved land or height control area 11 3 Enforcement of Planning Scheme by Councils 11 4 Use of land and subdivision in conformity with Planning Scheme 12 I 5 Compliance with conditions of permit 12 5A Considerations of responsible authority in granting or refusing a permit 12 Part II - ZONES I Division 1 - Use of Land in Zones 6 Zone description 13 7 Control of purposes within zones 13 ·1 Table of Zones Section 1 Rural Zone 17 I 1A Stream and Floodway Zone 18 1C Corridor 'A' Zone 19 2 Township 'A' Zone 21 3 Residential 'A' Zone 22 , 3A Residential and Office Zone 23 5 Residential 'B' Zone 24 6 Residential 'C' Zone 25 6A Special Residential Zone No.1 26 I 6B Special Residential Zone No.2 27 6C Special Residential Zone No.3 28 60 Urban Conservation - Residential Zone No.1 29 7 Residential '0' Zone 30 I 8 Reserved Living Zone 31 9 . Central Business Zone 33 10 District Business Zone 35 10A Transport Centre Zone 36 I 11 Restricted Business Zone 37 11A Office Zone 38 12 Local Business Zone 39 13 Light Industrial Zone 41 13A Restricted Light Industrial Zone 42 14 General Industrial Zone 43 15 Special Industrial Zone 43 14A Restricted General Industrial Zone 44 1-6 Reserved Light Industrial Zone 45 17 Reserved General Industrial Zone 46 17A Reserved Special Industrial Zone 46 17B Garden Industrial Zone 47 18 Commercial and Industrial Zone 48 19A Service Business Zone 49 20 Extractive Industrial Zone 50 I ,I

(ix) II (Reprint No.9) I Clause Section Table of Zones Confd... Page 21 Offensive Industrial Zone 51 22 Dangerous Industrial Zone 52 23 Transportation Zone 53 I, 24 Special Use Zone No.1 Religious and Educational Institutions and Private Sports Grounds 55 25 Special Use Zone No.2 Racecourses and Show Grounds 56 I' '26 Special Use Zone No.3 Training Stables 57 27 Special Use Zone No.5 Boat Building 58 I 28 Special Use Zone No.6 Arts Centre Locality 59 29 Special Use Zone No.7 Stock Saleyards and Abattoirs (Derrimut) 60 I 29A Special Use Zone No. 7A Stock Saleyards 61 30 Special Use Zone No.8 Shrine Locality 62 I 30A Special Use Zone No. 8A Shrine Locality 62 31 Special Use Zone No.9 Civic Centre Broadmeadows 63 31A Special Use Zone No. 9A I Civic and Business Centre 64 32 Special Use Zone No.1 0 Offices 65 33 Special Use Zone No. 11 I Monash University Locality 66 34 Special Use Zone No. 12 Tourist Facilities 67 34A Special Use Zone No. 13 J St Kilda Road, St Kilda 68 35 Local Authority Development Zone 69 36A General Farming 'A' Zone 71 37A Intensive Agriculture 'A' Zone 72 I 38A Special Extractive 'A' Zone 73 39A Landscape Interest 'A' Zone 74 40A Conservation 'A' Zone 75 43 Special Conservation Zone 76 I 8 Lawful use of land before the approval date 77 9 Historic Buildings 77 10 Rural Zone - detached house 77 11 Rural Zone - use of site existing as separate tenement before 22,5.68 78 I 11A Non-urban detached house dispensations 78 11 B Acquisition or purchase of land by a public authority - effect on areas 79 11 C Native vegetation control - specified area 79 12 Residential 'D' Zone - detached house and sl,lbdivision 80 \I~ 13 Use of land where zone boundary and title boundary do not coincide 80 I Division 1 A - Residential Standards 13A(1) , Application of the Residential Standards 81 13A(2) Objectives 81 ,I 13B Interpretations 81 13C Development plan 81 13D Apartment house, flats, residential building - building height controi 82 13E Permissible Height Indicators 82 ,I 13F Application of Permissible Height Indicator 85 13G Determination of the height of a wall 85 13H Walls without habitable room windows - minimum horizontal. distance 85 131 Two storey buildings - formula option 85 13J Privacy provisions I. 86 13K Amenity area requirements 88 13L Provision for variation of minimum standards 89 I I· (x) (Reprint No.9) I I Clause Division 2 - Non-conforming Use of land Page 14 Continuation of Column 5 use established before approval date 91 15 Subdivision of land used for a non-conforming use 91 I 16 Use of land after cessation of prior non-conforming use 91 17 Use of reconstructed buildings 91 I Division 3 - Provisions as to Certain Zones and Uses 19 Subdivision in non-urban and reserved zones 93 'I 19A(1 ) Special Residential Zone No.2 93 19A(2) Special Residential Zone No. 3 94 19A(3) Residential and Office Zone 94 19C Cluster subdivision 94 19D Local Authority Development Zone - subdivision control 95 I 19E Urban Conservation - Residential Zone No.1 95 20 Office Zone - control of development 95 20A Offensive Industrial Zone - control of subdivision 96 20B Special Conservation Zone - control of development 96 I 20C Non-urban Zones - subdivision and construction of buildings and works 97 20CA Non-urban Zones - Consolidation of Land 98 21 Control for aircraft visibility 98 21A Restricted Light Industrial Zone and Restricted General Industrial Zone - subdivision and I construction of buildings and works 99 22(1 ) District Business Zone and Restricted Elusiness Zone - subdivision and construction of buildings and works 99 22(2) Shop conditions in certain Restricted Business Zones 99 I 22A Restricted Business Zone - Ringwood - car parking and access lanes 104 22AA Restricted Business Zones - shop conditions 104 22B Service Business Zone - control of buildings and works 105 22C Special Use Zone No. 1 - control of buildings and works 105 I 22D Transport Centre Zone - Column 3 purposes and conditions 105 24(1 ) Arts Centre locality 107 24(2) Stock Saleyards and Abattoirs (Derrimut) 107 24(2A) Special Use Zone No. 7 A - Stock Saleyards 107 I 24(3) Special Use Zone No.8 - Shrine locality 108 24(3A) Special Use Zone No. 8A - Shrine locality 108 24(3B) Special Use Zone No. 9A - Civic and Business Centre 108 24(4) Shrine vista control 108 I 24(5) Special Use Zone No. 10 - South Melbourne 109 24(5A) Special Use Zone No. 10 - Prahran 109 24(6) Monash University locality 109 24(6A) Special Use Zone No. 12 - tourist facilities 110 I 24(7) Main roads - setbacks for buildings and works 110 24(8) Rivers, creeks and watercourses - setbacks for buildings and works 110 24(9) Altona - external walls - Service Business, Light Industrial and General Industrial Zones 112 24(9A) Altona - Millers Road building setback 112 I 24(10) Sandringham - special provisions in Light Industrial and General Industrial Zones 112 24(11 ) Moorabbin - provisions for Business and Industrial Zones 112 24(12) Nunawading - setbacks and subdivisions 112 24(13) Development Area No. 1 113 I 24(14) Royal Botanic Gardens vicinity - control of building height 113 24(17) Mordialloc - special provisions in Industrial Zones 114 24(18) Malvern - building setbacks in Weir Street 114 24(19) West Gate Bridge, Port Melbourne and Williamstown - setbacks for buildings and works 114 24(20) Light Industrial Zone - Bridge Road and Stawell Street, Richmond 114 I 24(21 ) Special Use Zone No. 13 - St Kilda Road, St Kilda 115 24(22) St Kilda Road, South Yarra, City of Melbourne - noise controls in Restricted Business Zone 116 24A Industrial Zones - building setback, landscaping and height control 116 I 25(1 ) Extractive industry 121 25(2) Petrol Filling Station - conditions 121 25(3) Car sales, boat sales and industrial sales - conditions 122 25(4) Mechanical car wash - conditions 123 I 25(4A) Special Extractive 'A' Zone 123 25(5) Massage parlour - condition 123 25(6) Adult sex book and sex aid establishment - condition 123 I I

(xi) I (Reprint No. 9) Clause Division 3A - Control of Outdoor Advertising Page I 25A Control of signs within Categories " 125 25B Sign control exemptions 132 25C Control of signs in Residential and Office Zone, Special Residential Zone No.2 and Special , ..... Residential Zone NO.3 132. 'I 25D Control of signs on main roads and West Gate Bridge 133 25E Continuit~ of signs 133 I

Division 38 - Height Control Areas 25F Designation on maps 135 I 25G Maximum height, setoack and plot ratio controls 135 25H Maximum height with and without discretion and plot ratio controls 138 251 Dispensations 139 25J Reconstruction or extension of lawfully existing non-conforming building 139 'I

Division 4 - Accommodation for Vehicles. Loading and Unloading Vehicles. Access to . I Streets and Roads 26 Local Business Zone or a Commercial and Industrial Zone - setbacks 141 27 Loading and unloading bays 141 28 Parking provisions , 142 I 29 Main and secondary roads - use of abutting land 145 30 Provisions for vehicle accommodation, loading and unloading to continue 145 31 (1) Main road reservation - access to abutting land 145 31(2) Doncaster and Templestowe - access to certain streets and roads 145 I 31A Road closure ' 146 -I Part 111- RESERVED LAND Division 1 - Reservation of Land and Use Thereof 32 Delineation of reserved land and meaning thereof 147 I 33 Use of reserved land 148 33~ Reserved land - control of subdivision 149 I

Division 2 - Reserved Land not Vested in a Public Authority or the Council of a Municipality I 34 Application of provisions of Division 2 of Part III 151 35 Damage to reserved land 151 36 Construction of buildings and works on reserved land 151' 'I' .1 I / I I I I (xii) (Reprint No.9) I ------I Reprint No. 9 I 7 / 4 / 82 MELBOURNE METROPOLITAN I PLANNING SCHEME PLANNING SCHEME I ORDINANCE Part 1 I INTRODUCTORY AND GENERAL 1. (1) This Ordinance together with the Planning Scheme Map in which is comprised the maps marked Elements of Planning "Melbourne Metropolitan Planning Scheme" bearing the serial numbers 1 to 96 (inclusive) orthe Scheme Amended by AM. NO. 3 several numbers 2013, 20 31 to 20 34 (inclusive), 2050 to 2054 (inclusive), 2070, 2071, 2090, Part lA, AM. No. 77 2091,2109 to 2111 (inclusive), 211 6, 2129 to 2136 (inclusive), 2150to 2156 (inclusive)together Part 3, AM. No. 30, I AM. No. 3 Part 1B , with those maps so marked and bearing any of the said serial numbers to which has been added AM. No. 151 the suffix "HC" constitutes the Planning Scheme prepared by the Melbourne and Metropolitan Board of Works for such parts of the metropolitan area lying within the planning boundary as I defined in the Planning Scheme Map as are therein coloured and delineated. (2) This Ordinance may be cited as the " Melbourne Metropolitan Planning Scheme Ordinance". The Planning Scheme Map may be cited as the "Melbourne Metropolitan Planning Scheme Map". I The Planning Scheme may be cited as the "Melbourne Metropolitan Planning Scheme". (3) This Ordinance is divided into Parts and Divisions as follows:- Part I. Introductory and General. I Part II. Zones. Division 1. Use of land in Zones. Division 1A. Residential Standards. Division 2. Non-conforming use of land. I Division 3. Provisions as to certain Zones and Uses. Division 3A. Control of Outdoor Advertising. Division 3B. Height Control Areas. Division 4. Accommodation for vehicles, loading and unloading vehicles, access to I streets and roads. Part III. Reserved Land. Division 1. Reservation of land and use thereof. I Division 2. Reserved land not vested in a Public Authority or the Council of a Municipal ity. 2. (1) In this Ordinance unless inconsistent with the context or subject-matter - Interpretation I (a) "The Act" means the Town and Country Planning Act 1961 as amended by any subsequent Act. "Adult Sex Book and Sex Aid Establishment" means any premises used or purporting to Inse rted by be used solely or substantially to offer or expose for sale all or any of the following items - AM. No. 178 I (a) publications that are classified as restricted publications pursuant to the Police Offences Act 1958; (b) material, compounds, preparation, or devices which are used or intended to be used I in or in connexion with sexual behaviour; (c) films, video films or other visual media containing explicit exhibition of sexual activity intended to stimulate erotic feeling; or (d) articles which are primarily concerned with sexual behaviour. For the purpose of this I interpretation articles include books, papers, newspapers, pamphlets, magazines, periodicals, letter press writings, prints, pictures, photographs, lithographs and drawings (however reproduced) statues, figures, carvings, sculptures and other representations, gramophone records, wires, tapes and other things by which words, I sounds or images are recorded and from which they are capable of being reproduced. "Adult Sex Book and S ex Aid Establishment Sign" means any sign which contains an Inserted by advertisement which relates to the use of premises as an adult sex book and sex aid AM. No. 178 I establishment at or upon which such sign is constructed or exhibited. I

1 I (Reprint No. 9 ) I 2. (1) (a)Cont'd .. . Substituted by "Advertisement" includes any word, letter, image, device or representation or combination AM. No. 77 Part 3 of any two or more thereof (by whatsoever means depicted, delineated, conveyed or effected) in the nature of and employed wholly or in part for the purpose of advertising, I announcement or display. Inserted by AM. No. 77 "Advertisement Area" means the total area of a sign provided that in case of a sign which Part 3 does not rotate or move in any way such area shall be only one side thereof. I Amended by "Agriculture" includes horticulture and forestry and the use of land for any purpose of AM. No. 57 Part 2 husbandry other than animal husbandry, apiary, pig raising, poultry farming and resident bee keeping, and "agricultural" has a corresponding meaning. Inserted by AM. No. 30 "Amenity Area" means such area as is provided in accordance with Clause 13K for the I amenity of the occupants of an apartment house, flats or residential building. "Amenity Building" means a building or part of a building used by employees or persons engaged in an industry or business for their personal comfort, convenience, or enjoyment of leisure as distinct from the work of the industry or business. I Inse rted by AM. No. 88 "Amusement Parlour" means any building which by the provision of more than one coin Part 2A operated amusement machine, pool table or other like facility is used or intended to be used for recreation or amusement purposes. I Substituted by "Animal Boarding Establishment" means an establ ish ment for the accom modation of dogs AM. No. 34 Part 1 or cats which are not owned by the proprietor of the establishment. Substituted by "Animal Husbandry" includes dairy farming and the keeping and breeding of livestock, but AM. No. 2 does not include dog breeding, greyhound keeping, greyhound training, racing stables, Amended by I AM. No. 17, animal boarding establishment, the conduct of an animal hospital and the keeping of pigs, AM. No. 88 Part 2A, poultry and one horse only. AM. No. 1 04 Part 2A Inserted by AM. No. 77 "Animated Sign" means any sign which moves or is capable thereof or contains moving Part 3 parts or changes or alters its message or an illuminated sign which moves, changes or I alters its message, flashes on and off, scintillates or has a moving, flashing or scintillating border. "Apartment House" means a building (not being a residential building as hereinafter defined) used for human habitation not providing self-contained living accommodation for I individual families or facil ities for persons other than residents or their guests, but does not include such accommodation where it forms part of an educational establishment, a hospital, an hotel, an institutional home, a mental institution, a reformative institution, a tourist establishment, or a motel. I Inserted by AM. No. 57 "Apiary" means any land on which bee hives are installed and includes resident bee Part 2 keeping. Substituted by "Approval Date" means the date upon which notice ofthe approval by the Governor in I AM. No. 10 Council of this Planning Scheme or of any amended Planning Scheme was published in the Government Gazette or the date upon which notice of an amendment by order of the Governor in Council of this Planning Scheme was published in the Government Gazette. In se rted by AM. No. 30 "Attached Cluster House" means a dwelling constructed on a separate lot shown on a plan I of cluster subdivision or cluster redevelopment as defined in the Cluster Titles Act 1974and attached to one or more other such buildings. Inserted by AM. No. 57 "Attendance Centre" means an attendance centre within the meaning of the Social Part 2 Welfare Act 1 970. I Inserted by "Attic" means a storey which is wholly contained within the roof of a building which roof is AM. No. 151 pitched from the level of the ceiling of the storey next below the attic. In se rted by "Attic Storey" means a single storey which is substantially contained within the pitched I AM. No. 151 roof of a building. "Bank" means any building used solely for the purpose of carrying on banking business by a body corporate authorized to carryon such business. Inserted by AM. No. 30 "Basement" means a storey which is constructed below ground level or so constructed that I no part projects more than 1.2 metres above ground level. Inserted by AM. No. 68 "Boat Sales" means premises in or upon which boats are brought, kept or exposed for the Part 26 purpose of sale or hire whether or not any invitation to treat for the purchase or hire of any I boat is made and whether or not any sale or any negotiations with a viewto sale or hire take place upon the premises. Substituted by "Building" includes temporary building and any part of a building and also any out-building AM. No. 17 fence wall and lighting heating power water supply drainage and sewerage installation and I other appurtenances of a building. I I

2 (Reprint No. 9) I I 2. (1) (a) Cont'd ... "Bunting Sign" means an advertisement which comprises bunting, streamers, flags, Inserted by I windvanes or the like. AM. No. 120 Part 3A "Business" includes every occupation carried on for gain other than an industry or profession.

"Business Sign" means any sign which contains an advertisement which provides or Inserted by AM. No. 77 I supplies information relating to any business conducted on the land or the building at or Part 3 upon which such sign is constructed or exhibited including information as to the nature of the use of such land or building, any goods manufactured or offered for sale thereat, any services provided thereat and the name and address of the proprietor, manufacturer or the I like. "Business Zone" means anyone of the following zones - Central Business Zone, District Amended by Business Zone, Local Business Zone, Restricted Business Zone, Service Business Zone, AM. No. 17, AM. No. 140 Part 3 I I ransport Centre Lone. "Cabaret" means a building or part of a building for or in respect of which a licensee holds a Inserted by AM. No. 88 cabaret licence under the Liquor Control Act 1968. Part 2A

"Cafe" means any premises (not being a restaurant ortake-away food premises or part of an Substituted by I hotel as herein defined) in which - AM. No. 115 Part 28 (a) refreshments or meals are served to the public for gain or reward; (b) no liquor licence or permit is held pursuant to the Liquor Control Act 1968 for the consumption of alcohol; I (c) no provision is made for dancing or for live entertainment by more than one person; and without limiting the generality of the foregoing shall include a tea room and an expresso bar. "Car Park" means land (not being part of any street or road) provided whether or not for fee Substituted by I AM. No. 83 Part 2 or reward for the parking of motor vehicles as hereinafter defined other than a commercial vehicle park. "Car Sales" means premises in or upon which motor vehicles are brought kept or exposed Substituted by for the purpose of sale or hire whether or not any invitation to treat for the purchase or hire AM. No. 17 I Amended by of any motor vehicle or motor vehicles is made and whether or not any sale or any AM. No. 35 Part 2 negotiations with a view to sale or hire take place upon the premises. "Caretaker's House" means a building or portion of a building used as a dwelling by the Amended by I proprietor or manager of an industry, a business or a community or religious establishment AM. No. 83 Part 2 carried on upon the same site or by a person having the care of the building or plant of such industry, business or establishment. "Civic Centre" means a centre located on land vested in a municipality and used for the Inse rted by AM. No. 65 I administration of such municipality and for recreation and entertainment of the community and without limiting the generality of the foregoing, includes a place of assembly, cafe, restaurant, theatre, and community health, welfare, youth and child-care facilities. " Commercial Display Area" means land used for the display of goods in respect of which no Inserted by AM. No. 35 I Part 2 sale, lease or hire negotiations are conducted thereon. "Commercial Vehicle Park" means land used for the purpose of the parking of commercial, Inse rted by AM. No. 35 employee, customer or cl ient vehicles in association with a particular business or industry Part 2 I conducted on adjoining or nearby land. "Construct" includes reconstruct build rebuild erect re-erect place in position replace in Inse rted by AM. No. 17 position enlarge and carry out structural work and " construction" has a corresponding I interpretation. " Consulting Rooms" means a building or part of a building (not being a hospital) used in the Amended by practice of his profession by a legally qualified medical practitioner, or by a person AM. No. 61 , AM. No. 104 Part 2A, registered under the Physiotherapists Act 1978 or the Chiropractors and Osteopaths Act AM. No. 197 1978 or other person ordinarily associated with a medical practitioner in the investigation I or treatment of physical or mental injuries or ailments or by a dentist and by any other person ordinarily associated with a dentist in the practice of dentistry. "Dangerous Industry" means any industry the conduct of which, by reason of the materials Amended by I kept, used or produced, or of any process included in any method of manufacture may, save AM. No. 34 Part 1 as to persons engaged or employed therein, be injurious or prejudicial to health or a danger to life or property from fire or explosion and when carried out ancillary to such industry may include light industry and general industry. I "Detached Cluster House" means a detached house constructed on a lot shown on a plan Inserted by AM. No. 30 of cluster subdivision or cluster redevelopment as defined in the Cluster Titles Act 1974. "Detached House" means a building unattached to any other building and occupied or Amended by intended or designed for occupation as a single dwelling but does not include a detached AM. No. 30 I cluster house or a pensioner relative unit. I

3 I (Reprint No.9) I 2. (1) (a) Cont'd ... Inserted by AM. No.1 6 "Development Area" means an area designated on the Planning Scheme Map by means of a black dot screen and may be further identified by reference to a black superimposed number preceded by the letters 'D.A.' enclosed in a circle also in black. I Inserted by AM. No. 1 7 "Display Home" means any building which represents a dwelling whether or not such building is intended ultimately to be used for the purpose of a dwelling and which is employed for the purpose of inducing persons to enter into contracts for the purchase or construction of like buildings. I Inserted by AM. No. 2 "Dog Breeding" means the keeping at any time of more than four dogs older than six Amended by months including at least one unspayed bitch. AM. No. 104 Part 2A "Dwelling" means any building or portion of a building including such outbuildings as are I normal to the enjoyment of a dwelling which is used or intended, adapted or designed to be used for the purpose of a residence by a single family or an occupier having a right to the exclusive use thereof and which contains bathing or sanitary facilities within its bounds, but does not include a residential building or apartment house. I "Educational Establishment" means a school, college, university, technical institute, academy, or other educational centre, public library, lecture hall, art gallery, museum, but does not include a reformative institution or institutional home. "Essential Services" includes the provision of gas, water, electricity, hydraulic power, I transport services, sewerage and drainage facilities. Substituted by "Extractive Industry" means the extraction from land of any stone within the meaning of AM. No. 17 the Extractive Industries Act 1966 for commercial purposes and where stone is treated or bricks tiles pottery or cement products are manufactured substantially from stone on or I adjacent to the land from which the stone was extracted includes that treatment or manufacture. Inserted by AM. No. 35 "Film Studio" means any premises used for the purpose of the making and editing of Part 2 I cinematographic films including the preparation of film sets. Substituted by "Flat" means - AM. No. 30 Amended by (i) a portion of a building used intended or designed for use as a dwelling; or AM. No, 120 Part 3A (ii) a unit as defined in the Strata Titles Act 1967 used or intended for use as a dwelling; I but does not include a caretaker's house, a pensioner relative unit, a row house or an attached cluster house. Inserted by AM. No. 77 "Floodlit Sign" means any sign where all or any part of the advertisement area is I Part 3 illuminated by external lights or lighting provided for such purpose. Substituted by "Floor Area" means the sum of the area of all floors of a building or where more than one AM. No. 17 building is situate on any land of all buildings including the floor of any basement, mezzanine or attic and the horizontal section of all walls at floor level, including half the I width of party walls but excluding any part thereof solely occupied by the plant required for the operation of air conditioning and heating power supply and lifts including lift wells or set aside as a loading dock or provided for the parking of vehicles. I "Freezing and Cool Storage Works" means any building or works (not comprised in premises used primarily for the manufacture or sale of goods, or for residential purposes by the occupier thereof) in which the temperature of goods is reduced and maintained below the normal temperature thereof. "Frontage" means the boundary line between a site and the street upon which such site abuts and where the site abuts on more than one street, then the boundary line between the site and the street to which any building that may be erected thereon fronts. "Fuel Depot" means a depot for the sale by retail of solid fuel. I Inserted by AM. No. 35 "Furniture and Carpet Sales" means any building in one occupancy with a total floor area of Part 2 Amended by not less than 2,000 square metres in which furniture, carpets or furnishings are displayed AM. No. 72 Part 2A, for sale by retail but for the purpose of this definition furniture shall not include any AM. No, 104 Part2A household appliance powered or driven by any solid or liquid fuel including electricity and I gas. Inserted by AM. No. 34 "Gas Meter" means any device the function of which is to measure the volume of gas Part 1 consumed. I Amended by "General Hospitar means any hospital or sanitorium other than a hospital for infectious AM. No. 88 Part 2A diseases. "General Industry" means any industry other than a Service Industry, a Light Industry, an Offensive Industry, a Dangerous Industry and an Extractive Industry. I "Generating Works" means a building or works used for the purpose of making or generating gas, electricity, or other form of energy for public consumption. I !

4 (Reprint No.9) I I 2. (1) (a) Cont'd ... "Greyhound Keeping" means any land or buildings on or in which are kept five or more Inserted by I greyhounds which participate in or are intended to participate in greyhound races as AM. No. 1 04 Part 2A defined in the Racing Act 1958 as amended but does not include greyhound training as defined herein. "Greyhound Training" means any property on which facilities are provided for the training Inserted by I of greyhounds which participate in or which are intended to participate in greyhound races AM. No.1 04 Part 2A as defined in the Racing Act 1958 as amended and includes trialling tracks, swimming facilities and other like training facilities. "Gross Leasable Floor Area" means that part of the floor area as defined herein, leased or Inserted by AM. No. 90 I capable of being leased for or in conjunction with the purpose of a shop. Part 1 C "Habitable Room" means any room in an apartment house, a dwelling or a residential Substituted by building other than a kitchen of less than 11.0square metres in area, a store or storage area AM. No. 30 I of 10GG thGn 7.6 GqUGro motrOG in GroG, or G b:lthroom, loundry, lov:ltory, or pantry, "Health Centre" means a maternal and child welfare centre, an X-ray centre, a district Amended by clinic, an establishment conducted by a person registered under the Physiotherapists Act AM. No. 61, AM. No.1 04 Part 2A, 1978 or the Chiropractors and Osteopaths Act 1978 and a medical clinic in which the work AM. No. 197 I performed is of the same nature as that normally performed at a physician's consulting room and in addition may include work normally performed by a dentist. "Height Control Area" means any area declared in Clause 25F hereof to be a Height Control Inserted by Area. AM. No. 151 I "High Wall Sign" means any sign whiC;h is so exhibited upon a wall of a building that any Inserted by AM. No. 77 part of the sign or any supporting structure thereof exceeds a height of 1 0 metres above the Part 3 ground. "Home Occupation" means a sole occupation lawfully carried on within a dwelling by a Amended by I person resident therein in the conduct of which or the conduct of which (as the case AM. No. 2, AM. No. 35 Part 2, requires) - AM. No. 70 Part 4A, AM. No. 83 Part 2, (a) no assistance is afforded other than by a person resident in a dwelling, AM. No. 88 Part 2A I (b) no source of power other than an electric motor of not more than 400 watts is used, (c) the floor area used for all purposes of and incidental tothe conduct of such occupation does not at any time exceed 30 square metres, (d) no load is imposed on any public utility organization greater than that which is I normally required by other uses permitted in the zone in which the dwelling is situate, (e) * * * * ****** * * * * * * * Sub-paragraph (e) deleted by AM. No. 77 (f) only one commercial vehicle (as registered pursuant to the Motor Car Act 1958) is at Part 3 I any time present and no such vehicle shall have a load capacity exceeding two tonnes and no provision shall be made for the fuelling or repair of the said vehicle within the curtilage, (g) does not cause injury to or prejudicially affect the amenity of the neighbourhood I including and without limiting the generality of the foregoing, injury or prejudicial affection due to appearance or the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, waste water, waste products or otherwise, (h) no motor vehicle or machinery materials or equipment for use in industry or the I building trade is repaired or kept within the curtilage of the dwelling for reward or is offered or exposed for sale or reward, and (i) no goods other than goods manufactured or serviced on the premises are sold or I exposed for sale within the curtilage of the dwelling, but such occupation does not include the conduct of a massage parlour as herein defined.

"Home Occupation Sign" means a sign which is constructed or exhibited at or upon a Substituted by dwelling and contains an advertisement which refers to a home occupation carried on AM. No. 138 Part 2A I within such dwelling by a resident thereof. "Hotel" means a building or part of a building for or in respect of which a licensee holds an Substituted by hotel keeper's licence or a residential licence under the Liquor Control Act 1968. AM. No. 34 Part 1 Amended by AM. No. 88 Part 2A I "Industrial Sales" means any premises upon which motor vehicles (other than motor cars Inserted by AM. No. 1 7 motor bicycles and caravans) machinery equipment or materials are brought kept or exposed for sale lease or hire for use in primary or secondary industry. "Industrial Zone" means any of the following zones - Light Industrial Zone, Restricted Light Inserted by AM. No. 68 I Industrial Zone, General Industrial Zone, Special Industrial Zone, Reserved Light Industrial Part 28 Amended by Zone, Restricted General Industrial Zone, Reserved General Industrial Zone, Reserved AM. No. 104 Part 2A SpeCial Industrial Zone, Extractive Industrial Zone, Offensive Industrial Zone and I DangeroLis Industrial Zone. I

5 I (Reprint No.9) I 2. (1) (a) Cont'd ... "Industry" includes - (a) each of the following operations - I (i) the carrying out of any process of manufacture whether or not a finished article results therefrom; (ii) the dismantling and separating into parts of any article, machinery or vehicle; (iii) the breaking up of any articles, goods, machinery or vehicles; I (iv) the treatment of waste materials of all descriptions; (v) the winning of sand, gravel, clay, turf, soil, rock, stone or similar substances; (vi) repairing, laundering and servicing of articles including vehicles, machinery I and building, but not including on site work on buildings; and (vii) any operation connected with the installation of equipment and services and the extermination of pests other than on site work on buildings, works or land; (b) when carried on on land upon which any of the above operations are carried on - I (i) the storage of goods used in connection with or resulting from any of the above operations; (ii) the provision of amenities for persons engaged in such operations; I (iii) the sale of goods resulting from such operations; and (iv) any work of administration or accounting in connection with the undertaking; and without limiting the generality of the foregoing, includes any industry or any class of I industry particularly described or defined in this Ordinance, but does not include a home occupation. Amended by " Institutional Home" means an institution for the care and maintenance of children, the AM. No. 88 Pan 2A aged, and the infirm, a benevolent institution or a nursing or convalescent home, but does I not include a hospital. Insen ed by AM. No 77 "Internally Illuminated Sign" means any sign which is illuminated by lighting from within Pan 3 such sign. Inse rted by AM. No. 2 "Junk Yard" means any land or building used for the collection, storage, or sale of scrap I Amended by AM No. 34Pan1 , metals, second hand timber, second hand building materials, second hand containers, AM No. 49 Pan 2 waste paper, rag s, bottles or other materials, or for the collection, dismantling , storage or salvaging of motor vehicles or machinery or any parts thereof. I "Light Industry" means any industry whether or not particularly described or defined in this Ordinance - (a) in which the building or works thereby occupied or employed, the processes carried I on, the material used or stored, machinery employed, and the transportation of materials goods and commodities to and from the premises will not cause injurytoor prejudicially affect the amenity of the locality by reason of the appearance of such I building, works or materials or by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash , dust, wastepaper, waste products, grit, oil: or of the presence of vermin or otherwise, and (b) the establishment of which will not or the conduct of which does not impose an undue load on any existing or projected service for the supply or provision of water, gas, electricity, sewerage facilities, or any other like service. I Substituted by "Liquid Fuel Depot" means a depot for the bulk storage of petrol, oil, petroleum or other AM. No. 17 Amended by flammable products for wholesale distribution (but does not include a depot storing such AM. No. 138 Part 2A products which will flash or emit a flammable vapor at a temperature above 32 degrees I Celsius when tested by the approved apparatus as laid down in the Inflammable Liquids Act 1966 provided that the quantity thereof stored at anyone time does not exceed 46 kilolitres of which not more than 23 kilolitres are stored other than in underground tanks). "Major Sports Ground" means enclosed land used for any sport in which animals are not I used and which is ordinarily open to spectators only on payment of a charge. Inse rted by AM. No. 2 "Major Transmission Line" means an electrical transmission line operating at a voltage of 220,000 volts or more. Amended by "Major Utility Installation" means a utility installation being a generating works, an I AM. No. 49 Pan 2 electrical sub-station operating at a higher voltage than 66,000 volts, a gas holder, a maintenance depot, a sewage or refuse treatment or disposal works (including sanitary land fill), a pumping station, or a tramway or bus workshop, provided however that a maintenance depot which provides only office accommodation, storage for tools and I materials used for maintenance purposes and the garaging of not more than one motor vehicle and, where necessary to provide an essential service to the neighbourhood a sewage treatment or disposal works and a pumping station shall be classed as a minor utility installation. I I

6 (Reprint No.9) I I 2. (1) (a) Cont'd .. . "Market" means any land or building constituted or established as a market in pursuance of Amended by I any statute but does not include a trash and treasure market. AM. No. 34 Part 2 "Massage Parlour" means any building or part of any building used for the purpose of body Inserted by AM. No. 61 massage by a person other than a person registered under the Physiotherapists Act 1978 Amended by AM. No. 104 Part 2A whether or not it is used solely for that purpose. I "Mechanical Car Wash" means a building used for the performance of automatic or Inserted by AM. No. 34 mechanical washing of motor vehicles. Part 2 "Milk Depot" means a depot to which milk is delivered for distribution to consumers but in I which milk is not processed or pasteurised. "Minor Sports Ground" means land used for any sport (other than the riding, driving or Amended by racing of motor vehicles or training in the riding, driving or racing thereof) in which animals AM. No. 34 Part 1 are not used and to which spectators, if admitted, are normally admitted without charge, but I does not include land used for a tennis court or for similar use within the curtilage of a dwelling and not used commercially. "Minor Utility Installation" means any utility installation not being a major utility installation as hereinbefore defined. I "Moter means a building or a group of buildings within the same curtilage primarily used or intended to be used for the temporary accommodation of persons travelling by motor car, provision for the parking of which is made within the curtilage. "Motor Repair Station" mea ns a ny premises used for carryi ng out repairs to motor veh icles Substituted by I but does not include a panel beating works. AM. No. 115 Part 2A "Motor Vehicle" includes a motor car, a motor cycle, and a trailer, as the same are defined in the Motor Car Acts, a caravan and a trailer used or intended to be used for private purposes. I "Motor Vehicle Racing Track" means a track, course or circuit at which or upon which Inserted by motor vehicles are raced in organized competition. AM. No. 115 Part 2A "Native Vegetation" includes any trees shrubs bushes undergrowth plants grasses and Inse rted by AM. No. 21 other growth naturally growing in the region or which are or is of a kind or species which Part 8A I grows naturally in the region or is indigenous thereto but does not include any plant declared to be a noxious weed pursuant to the Vermin and Noxious Weeds Act 1958. " Offensive Industry" means any business or industry which by reason of the process Amended by involved or the method of manufacture or the nature of the materials or goods used, AM. No. 138 Part 2A I produced or stored is likely to cause or causes effluvia fumes or vapours or gases or discharges dust or foul liquid or blood or other impurities or matters liable to become foul so as to be injurious, revolting or disgusting to persons upon neighbouring land in other I occupations or injurious to operations conducted upon nearby land. "Office" means any building (other than a building used forthe purpose of home occupation Amended by or consulting rooms or a veterinary surgery or massage parlour) in which or on the site of AM. No. 61 . AM. No. 120 Part 3A which no materials or goods intended for manufacture or sale are stored and which is used I for the conduct of public administration, the practice of a profeSSion, the carrying on of a business or where not conducted on the site thereof the administration of orthe accounting in connection with an industry and includes a restricted office. "Outdoor Recreation Park" means land on which facilities or equipment of a more or less Inserted by I permanent nature are provided for persons to participate in primarily outdoor AM. No. 115 Part 2A entertainment or recreation whether or not a fee is charged and includes a mini-motor cycle track, a golf practice range, an artificial lake water sports centre, an equestrian centre, a private zoo, a pleasure ground and a motor vehicle skill circuit (provided that such circuit is I not contained within a site of more than two hectares in area) but does not include a motor vehicle racing track, a place of assembly, an amenity building, a major sports ground, a minor sports ground or an open air cinema or open air theatre.

"Panel Beating Works" means any premises used for the repair of damaged motor vehicle Substituted by I bodies and associated mechanical work and includes spray painting. AM. No. 115 Part 2A "Panel Sign" means any sign the advertisement area of which exceeds 1 0 square metres. Inserted by AM. No. 77 Part 3 "Passive Recreation" means the use of land for a public park, public gardens, foreshore I reserve, or children's playground, but not for a sports ground. "Pensioner Relative Unit" means a moveable dwelling erected for the accommodation of a Inserted by AM. No. 30 pensioner relative pursuant to the provisions of the Housing Act 1 958. "Permission" means the permiSSion of the responsible authority as evidenced by a permit. I "Permit" means a permit in writing granted by the responsible authority. "Petrol Filling Station" means land used for the sale of fuel for motor vehicles brought Substituted by thereon whether or not lubricants, accessories, and parts are supplied or servicing running AM. No. 34 Part 2 I repairs and cleaning is carried out, but does not include a mechanical car wash or land upon I

7 I (Reprint No.9) I 2. (1) (a) Confd ... which any motor vehicle is brought kept or exposed for sale or upon which any major repairs or panel beating is carried out or any fuel or oil is stored for wholesale distributior.. I Amended by "Place of Assembly" means a building (not being part of a dwelling) in which people gather AM. No. 2, AM. No. 61, for the purpose of recreation or entertainment or in which provision is made for recreation AM. No. 70 Part 4A, AM. No. 83 Part 2, or entertainment, or which is used as a meeting hall, and without limiting the generality of AM. No. 88 Part 2A the foregoing includes a non-residential club, and a community building but does not I include a massage parlour, an amenity building, a place of worship, cafe, reception rooms, restaurant, an open air cinema, or any premises used for the installation of any coin operated amusement machine. "Place of Worship" includes buildings used primarilyforthe religious and social activities of I a church, but not such buildings as are used for primary, secondary or higher education or as residential training institutions. "Planning Scheme" means the planning scheme for the metropolitan area constituted by this Ordinance and the Planning Scheme Map. I Amended by "Planning Scheme Map" means the maps marked "Melbourne Metropolitan Planning AM. No. 57 Part 2, Scheme" and bearing the serial numbers 1 to 96 (inclusive) and the maps so marked and AM. No. 3 Part lA, AM. No. 3 Part 1 B bearing the several numbers 2013, 2031 to 2034 (inclusive) 2050 to 2054 (inclusive), 2070, 2071, 2090, 2091, 2109 to 2111 (inclusive), 2116,2129 to 2136 (inclusive), 2150to I 2156 (inclusive), whether or not a suffix is added thereto.

Inserted by AM. No. 18 "Plot Ratio" means the ratio of the sum of the areas of the horizontal cross section at each floor level of a building including any basement, mezzanine or attic to the area of the land within which the building is or is to be erected in which ratio the latter area shall always be I represented by the numeral one, and in this Ordinance the ratio shall be expressed by reference to the greater numeral thereof. For the purpose of this definition the area of the horizontal cross section at any floor level of a building shall include:- I (a) the horizontal section of all walls at floor level including the portion of any party wall comprised in the building, (b) the horizontal section of lift shafts, ducts and stairwells at each floor, (c) the area used for mechanical equipment, I (d) the area used for car parking and associated access lanes in excess of 150 per centum of the requirements of Clause 28 of the Ordinance, (e) the area used for loading docks in excess of 150 per centum of the requirements of I Clause 27 of the Ordinance, but does not include the area of lift or stair bulkheads and uncovered steps. Inserted by AM. No. 77 "Pole Sign" means any sign which - Part 3 (a) is erected on a pole or pylon not being or forming part of a building or any other I structure; and (b) does not exceed a height of 7 metres above the ground; and (c) does not have an advertisement area exceeding 6 square metres; and I (d) has a clearance under the sign ot not less than 2.70 metres. Amended by "Poultry Farming" means the keeping of more than 30 mature domestic fowls or more than AM. No. 64 Part 1 30 immature fowls or the keeping of more than 10 geese, turkeys or ducks. I Inserted by AM. No. 21 "Primary Produce Store" means a store as herein defined in which are stored primary Part 8A products which were produced elsewhere. Inserted by AM. No. 21 "Private Rubbish Tip" means land not being land occupied by a public authority or the Part 8A Council of a municipality which is used for the disposal of refuse and rubbish collected I elsewhere. Inserted by AM. No. 77 "Promotion Sign" means any sign which contains an advertisement relating to - Part 3 (a) any goods, services or products of a class not provided or produced or sold; or I (b) any occurrences, events or competitions which are not carried on; on the land or in the building at or upon which such sign is or may be constructed or exhibited. J Inserted by AM. No. 2 "Racing Stables" means any land or buildings on or in which are kept one or more horses which participate in or which are intended to participate in race meetings as defined in the Racing Act 1958 as amended. Inserted by AM. No. 83 "Reception Rooms" means any building not being part of an hotel the use of which is I Part 2 restricted exclusively by prior arrangement to groups of not less than 20 persons and in which meals are served to the public for gain or reward and in which there may be provided entertainment (including dancing) for such groups. I I

8 (Reprint No, 9) I I 2. (1) (a) Cont'd ... "Reflective Sign" means any sign the surface finish of which consists of material Inserted by AM. No. 77 specifically made to reflect light from outside sources, but does not include a floodlit sign. Part 3 I "Reformative Institution" means an institution for the reform, holding and training of Inserted by AM. No. 2 persons committed thereto by the Courts and includes a prison, a remand centre, a week­ end prison and a youth training centre (within the meaning of the Social Welfare Act 1970) but does not include a youth hostel, a youth welfare service centre, an attendance centre or I a work release hostel (within the meaning of the Social Welfare Act 1970). "Research Centre" means any premises used solelyforthe purpose of conducting scientific Inserted by AM. No. 1 7 research. I "Reserved Land" means any land reserved under Part III of this Ordinance. "Resident Bee Keeping" means the keeping of bees by a person registered pursuant to the Inserted by AM. No. 57 Bees Act 1971, provided not more than 2 bee hives are installed and such bee hives are Part 2 installed within the curtilage ot the land on which the said pel :'UII I t;::,iut::::.. I "Residential Building" means a Boarding House or a Common Lodging House (as such terms are defined in the Health Act 1958) or a residential club, but does not include a restaurant, dining room or cafe available to persons other than residents ortheir guests or a I motel. "Responsible Authority" means the Melbourne and Metropolitan Board of Works to the Substituted by extent that it has not delegated to the municipal council in whose municipal districtthe area AM. No. 17 is situated any powers authorities and responsibilities in relation to the administration enforcement and carrying out of such scheme and the municipal council to the extent that I the Melbourne and Metropolitan Board of Works has delegated such powers authorities and responsibilities. "Restaurant" means any premises (not being a take-away food premises or part of an hotel) Substituted by I in which meals are served to the public for gain or reward and in which there takes place or AM. No. 77 Part 3 provision is made for live entertainment by more than one person or for dancing. "Restricted Office" means an office within an existing building where such building is to be Inserted by retained in accordance with the objective of the Urban Conservation - Residential Zone AM. No . 120 Part 3A I No.1. "Row House" means any dwelling which - Substituted by AM. No. 30 (a) has at least one wall in common with or contiguous to a wall of any other dwelling; I and (b) has a frontage to a public thoroughfare separate to that of any other dwelling. "Rural Industry" means light industry as defined herein in which the operations consist Inserted by AM. No. 21 solely of the processing or packing of primary produce being a product of the immediate Part 8A I area and includes the killing, processing ar:'d packing of poultry. "Rural Recreation" means recreational activities which are designed or intendedto provide Inserted by AM. No. 21 or cultivate an interest in rural pursuits or in the land in its natural state but excludes any Part 8A activity which could currently or at some future time adversely affect the amenity or the I character not only of the immediate neighbourhood of the land upon which such activity is intended to be carried on but of the zone in which such land is situate. "Separate Tenement" means an area of land comprising either: Inserted by AM. No. 128 I (a) a single allotment or parcel of land which is not contiguous with any other land held in the same ownership: or (b) two or more allotments or parcels where each such allotment or parcel - I (i) is contiguous with the other or with all or one or more of the others; and (ii) is held in the same ownership. "Service Industry" means an industry - (a) in which goods intended for sale on the premises are manufactured or in which the I processes are directed towards the servicing of goods not being vehicles; (b) in which the buildings or works thereby occupied or employed, the processes carried on, the materials and machinery used and the transportation of materials, goods and commodities to and from the premises will not cause injury to or prejudicially affect I the amenity of the locality by reason of appearance or the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot. ash, dust, waste water, waste products, grit, oil or the presence of vermin or otherwise; and (c) which is conducted upon land having an area of not more than 400 square metres. Amended by I AM. No. 88 Part 2A "Service Premises" means a shop for the sale of food for human consumption or the Amended by AM. No. 2, AM. No. 17, premises of a newsagent, tobacconist, hairdresser, chiropodist, manicurist, cosmetician or AM. No. 34 Part 2 a library or a pharmacy provided such shop or premises does not exceed 240 square metres I in floor area but does not include premises used for the purpose of a cafe, restaurant or take-away food premises. I

9 I (Reprint No.9) l I I 2. (1) (a) Cont'd .. . Amended by "Shop" means any premises whereon goods are kept exposed or offered for sale by retail AM. No. 2. AM. No. 17. AM. No. 34 Part 2. and includes commercial display area, furniture and carpet sales and service premises and AM. No. 35 Part 2. take-away food premises but does not include an adult sex book and sex aid establishment, I AM. No. 178. a bank, boat sales, car sales, fuel depot, market, trash and treasure market, petrol filling AM. No. 138 Part 2A station, milk depot, restaurant, cafe, junk yard, timber yard, industrial sales or premises used for any purpose falling within the definition of industry. I Substituted by "Sideage" means the boundary line between a site and any street other than - AM. No. 115 Part 2A (a) that which forms the frontage as defined herein, or (b) any street less than 4.0 metres in width. Inserted by AM. No. 77 "Sign" means any facility whereby an advertisement as herein defined is or may be I Part 3 exhibited. Inserted by AM. No. 77 "Sky Sign" means any sign or its supporting structure which - Part 3 (a) is constructed upon or above the roof of a building; or I (b) is attached or affixed to a wall or any part of a building so that any part of the sign or its supporting structure projects vertically beyond or above such wall; or (c) is attached or affixed to a structure (not being a building) so that the height of any part of the sign or its supporting structure exceeds a height of 7 metres above the ground. I Inserted by AM. No. 21 "Soil Removal" means the removal of soil from any land other than in the carrying out of Part 8A extractive industry. Inserted by AM. No. 77 "Specified Land" means any land in respect of which provision is made in the Planning I Part 3 Scheme in the exercise of the powers conferred by any of Clauses 8, 8A or 8B of the Third Schedule of the Act.

Amended by "Stock Saleyard" means a yard or enclosure whether roofed or unroofed used for the AM. No. 165 purpose of the sale of livestock. I Amended by "Store" means any building or enclosed land used for the storage of goods within or upon AM. No. 35 Part 2 which no trade (whether retail or wholesale) or industry is carried on but does not include a junk yard. I Inserted by AM. No. 30 "Storey" means that part of any building whether enclosed or not, which is situated between any floor level and the floor level next above, or if there is no floor above, that part between the floor level and the ceiling above and includes a mezzanine floor and a built­ over car parking area. I Inserted by AM. No. 17 "Subdivision" means the division of a parcel of land into two or more allotments or parts for the purpose of enabling any of the allotments or parts to be disposed of separately in fee simple. Inserted by AM. No. 34 "Take-away Food Premises" means premises used for the preparation and sale of hot food I Part 2 for immediate human consumption elsewhere than on the said premises. "Timber Yard" means land used for the storage and sale of timber other than as fuel, but not for the breaking down of logs or baulks or the carrying on of any process not conforming to ,I the requirements for Light Industry and includes any shop on the premises for selling materials, tools, and equipment used in the building trade.

Inserted by AM. No. 4A "Totalizator Agency" means an office established by the Totalizator Agency Board. "Tourist Establishment" means a building works or land used for the purpose of providing I accommodation for travellers, tourists or persons engaged in recreational pursuits and for the provision of'facilities for recreation for such persons, and includes caravan parks and the like but not a motel. Amended by "Transport Depot" means a depot used for the garaging of more than one motor vehicle I AM. No. 88 Part 2A used or intended to be used for carrying goods for hire or reward orfor any consideration or for the transfer of goods (whether mediate or immediate) from one of such motor vehicles to another of such motor vehicles. Inserted by "Transport Interchange" means land used for the purpose of facilitating the interchange of I AM. No. 140 Part 3 passengers and goods from one transport mode to another and may include fixed rail facilities, bus terminal, taxi stands, loading and unloading areas for goods and car-borne passengers, commuter car park, and shopping facilities. I Inserted by AM. No. 34 "Trash and Treasure Market" means any premises upon which vendors of goods offered for Part 2 sale temporarily occupy for a fee an area or stall used for such display. Amended by "Utility Installation" means any building or works (not including sewerage, drainage, water AM. No. 34 Part 2 and gas mains, oil pipelines, electricity transmission lines operating at a voltage of less than I 220,000 volts and telephone lines) used or intended to be used by a public authority, government department or local government authority, but does not include a building used wholly or principally as administrative or business premises or as a showroom. I I

10 (Reprint No. 9) I I 2. (1) (a) Cont'd ... "Veterinary Surgery" means any premises used in the practise of his profession by a Substituted by registered veterinary surgeon other than for the purpose of the boarding or hospitalization AM. No. 27 Part 2 I for more than 48 hours of animals. "Warehouse" means any building or enclosed land or part of a building or enclosed land Substituted by used for the storage and display of goods and the carrying out of commercial transactions AM. No. 12 Amended by I involving the sale of such goods solely by wholesale. AM. No. 34 Part 2 "Wholesale" means the selling of goods to be retailed by others. Inserted by AM. No. 49 Part 2 "Work Release Hoster means a Work Release Hostel within the meaning of the Social Inserted by AM. No. 57 Welfare Act 1970. Part 2 I "Works" or "Work" means any construction other than a building and includes - Substituted by AM. No. 17 (a) fences walls channels roads and pavings not appurtenant to a building and lighting hpMino rnWAr wntflr sllnnly drainage and seweraqe installations not so appurtenant; I and (b) any alteration of the natural condition or topography of land. "Youth Hoster means a Youth Hostel within the meaning of the Social Welfare Act 1970. Inserted by AM. No. 57 Part 2 "Youth Welfare Service" means a Youth Welfare Service within the meaning of the Social Inserted by AM. No. 57 I Welfare Act 1970. Part 2 "Zone" means any area prescribed in the Planning Scheme Map in which land is to be used for specified purposes and the use of land for any other purpose is prohibited, restricted, or I regulated. (b) Words importing the singular shall be deemed to include the plural and the plural the singular. (c) Words or expressions used herein shall have the same meaning as the same words or Amended by I expressions when used in the Act and where the interpretation of any word or expression AM. No. 17 contained in paragraph (a) hereof differs from the interpretation of that word or expression contained in the Act the latter interpretation shall prevail and the former interpretation shall be of no force and effect. I (d) Subject to the definitions appearing in paragraph (a) hereof, and to paragraphs (b) and (c) hereof, the Acts Interpretation Act 1958 as amended by any subsequent Act or Acts shall be deemed to apply to this Ordinance as though this Ordinance was an Act of Parliament. (e) Where in this Ordinance there is reference (however expressed) to the use of land Inserted by AM. No. 10 I immediately before the approval date such reference shall be deemed to be - (1) if the Planning Scheme has not been amended, a reference to the use or the deemed use immediately before the date upon which notice of the approval of the Planning I Scheme by the Governor in Council was published in the Government Gazette; (2) ifthe Planning Scheme has been amended in any manner at any time, a reference to the use or the deemed use immediately before the date upon which:- (i) where the last amendment was effected by means of an amended Planning I Scheme, notice of approval of such amended Planning Scheme was published in the Government Gazette and; (ii) where the last amendment was effected by means of an Order ofthe Governor in Council, notice of such amendment was published in the Government I Gazette.

(2) (a) Where the location of a boundary of any zone or of any reserved land or of any height control Determination of a area is not precisely indicated in the Planning Scheme Map the responsible authority shall boundary of any zone, reserved land or I within two months of receiving an application from the owner of any land for a height control area determination of such boundary insofar as his land is affected make such determination Amended by accordingly and notify the applicant in writing thereof; and AM. No. 151 I (b) If any part of the boundary of any zone or of any reservation (not being a reservation for a proposed main or secondary road or a proposed road widening) as shown in the Planning Scheme Map lies within 6 metres of any boundary of any land comprised in a certificate of title registered at the Office of Titles or of any land constituting an allotment on a plan of I subdivision so registered the responsible authority shall, unless it considers that there are compelling reasons against it so doing, in the performance of the duty imposed by paragraph (a) hereof determine the boundary of the zone or reservation (as the case may be) I to be coincidental with such boundary of such land. 3. The responsible authority may by notice in writing require the Council of a municipality to enforce Enforcement of within its municipal district the observance of the Planning Scheme or any provision thereof specified Planning Scheme by Councils I in such notice. I

11 I (Reprint No.9) Use of land and 4. (1) This Ordinance applies to all land shown coloured and delineated on a Planning Scheme Map subdivision in conformity with provided that such land is within the metropolitan area as defined in the Act; Planning Scheme Substituted by (2) Land within the metropolitan area shall only be used or subdivided or otherwise developed and AM. No. 57 Part 2 buildings or works shall only be erected, constructed or carried outthereon in conformity with the Planning Scheme;

(3) No land shall be subdivided or otherwise developed and no building or works shall be erected constructed or carried out on any land within the metropolitan area if such land as subdivided or I developed or such buildings or works as erected, constructed or carried out cannot be used in conformity with the Planning Scheme; and (4) Save where the permission of the responsible authority is specifically required with respect to the I subdivision or development of land or to the erection, construction or carrying out of buildings or works the use of land for a purpose which is permitted by or under the provisions of this Ordinance shall be deemed to include the subdivision or development of such land and the erection, construction or carrying out of buildings or works designed to enable such land to be used for such I purpose.

Compliance with 5. Where the responsible authority in granting any permit for or permitting the use or the development of conditions of permit any land for any purpose or in any manner or for the erection construction carrying out or extension of I any buildings or works upon any land imposes any condition or conditions then - (a) the use or development of such land for the purpose or in the manner permitted, (b) the erection or construction carrying out or extension of any buildings or works upon such land and any subsequent use of the land for the purpose for which such buildings or works I were erected constructed carried out or extended, shall be in strict accordance with such condition or conditions. I Considerations of 5 A. Where any provision of this Ordinance makes reference to the permission of the responsible authority responsible authority in granting or refusing then in the absence of any specific provisions w ith respect thereto the responsible authority in giving a permit or refusing such permission and in the attaching of any condition or conditions when granting any Inserted by AM. No. 17 such permission shall have regard to - I (a) the primary purpose for which the land in respect of which the permission sought is zoned or reserved (as the case may be); (b) the orderly and proper planning of the area within which such land is situate; (c) the proximity of such land to any reservation; I (d) the amenity of the neighbourhood. I I I I I I I I I

12 (Reprint No. 9) I I Part II ZONES I Division 1 - Use of Land in Zones 6. (1)' The provisions of this Part shall not apply to any land reserved under Part III of this Ordinance Zone description unless otherwise specifically provided in such last-mentioned Part. I (2) Each Zone which is coloured and delineated on the Planning Scheme Map in the manner set forth in Column 1 of the Table to this Clause shall in this Ordinance be referred to by the description set forth in Column 2 of the said Table. I TABLE TO CLAUSE 6 COLUMN 1 COLUMN 2 Amended by AM. No. 12, Blue green. Rural. AM. No. 17, Alternate blue green and white diagonal stripes. Stream and Floodway. AM. No. 21 Part4, I AM. No. 67, light blue green with black "CA" superimposed. Corridor "A". AM. No. 35 Part 3, Pink with black "TA" superimposed. Township "A". AM. No. 80, AM. No. 68 Part 2A, Pink with black diagonal hatching. Residential "A" AM. No. 45, Pink with purple diagonal hatching. Residential and Office. AM. No. 21 Part 8A, I AM. No. 70 Part 4A, Pink with red diagonal hatching. Residential " B". AM. No. 3 Part lA, Pink. Residential "C" . AM. No. 104 Part 2A, Pink with black "s 1 " superimposed. Special Residential 1. AM. No. 120 Part 3A, AM. No. 165, Pink with black " S2" superimposed. Special Residential 2. AM. No. 151 , I Pink with black "S3" superimposed. Special Residential 3. AM. No. 140 Part 3 Pink with red diagonal cross hatching and black numbers superimposed. Urban Conservation - Residential 1. Alternate pink and white diagonal stripes. Residential "D". I Pink with black diagonal cross hatching. Reserved living. Alternate purple and white diagonal stripes. Central Business. Purple with black diagonal hatching. District Business. Alternate purple and grey diagonal stripes. Transport Centre I Purple with black diagonal cross hatching. Restricted Business. Alternate purple and white diagonal stripes w ith black dots on white. Office. Purple. Local Business. Alternate blue and purple diagonal stripes. Service Business. light brown. light Industrial. Light brown with red diagonal hatching. Restricted light Industrial. Dark brown. General Industrial. I Dark brown with red diagonal hatching. Restricted General Industrial. Dark brown w ith black " S" superimposed. Special Industrial. Light brown w ith black diagonal cross hatching. Reserved light Industrial. Dark brown with black diagonal cross hatching. Reserved General Industrial. Dark brown with black diagonal cross hatching with black " S" superimposed. Reserved Special Industrial. light brown with black " G" superimposed. Garden Industrial. Purple diagonal stripes over light brown. Commercial and Industrial. I Dark brown with black diagonal hatching. Extractive Industrial. Dark brown with black dots. Offensive Industrial. Dark brown with red dots. Dangerous Industrial. Alternate grey and white diagonal stripes. Transportation. I Alternate white and dark green diagonal stripes with blackdotson Special Use 1, 2,3, 5, 6, 7, 7A, 8,8A, 9, white and black numbers superimposed. 9A, 10, 11, 12 and 13. light brown-red. Local Authority Development. Light orange with black "A" superimposed. General Farming "A". light orange with green diagonal hatching and black "A" I· superimposed. Intensive Agriculture "A " . Blue grey with black " A" superimposed. Special Extractive "A". Yellow green with black "A " superimposed. Landscape Interest " A". I Olive green with black "A " superimposed. Conservation "A". Olive green with black "S" superimposed. Special Conservation.

7. (1) Subject to the provisions of this Ordinance, land within the zone described in a Section of the Control of purposes Table to this Clause - within zones I Substituted by (a) may be used for any of the purposes specified in Column 2 of such Section; AM. No. 10 Amended by (b) may be used for any of the purposes specified or included in Column 3 of such Section AM. No. 21 Part 8A I provided that the condition or conditions (specifically or by reference) set forth opposite such purpose are complied with and shall not be used for any of such purposes unless the said condition or conditions are complied with; I

13 I (Reprint No. 9) I 7. \ (1) Cont'd ... (C) may subject to the permission of the responsible authority be used for any of the purposes specified or included in Column 4 of such Section; Amended by (d) may without the permission of the responsible authority but subject to the pr'oviso hereto I AM. No. 30, AM. No. 120 Part 3A continue to be used for any of the purposes specified or included in Column 4 of such Section if the land .had in fact been lawfully used (not including any use which was merely proposed or intended) for such purposes immediately before the approval date and has continued so to be used or if pursuant to Clause 8 of this Ordinance the land is deemed to I have been lawfully used for such purpose immediately before the approval date. Provided that - \ (i) any condition or restriction to which the use of the land for such purposes was subject at such date continues to be observed; I~ (ii) where land is at such date used for the purposes of an apartment house, flats or residential building the floor area of any such building shall not be increased and no extension of any such building and no new building shall be constructed - I (a) without the permission of the responsible authority; and . (b) unless the applicable provisions of Division 1A and Clause 28 ofthis Ordinance are complied with; and (iii) \ where land is used other than for a detached house or any ofthe purposes specified in ·1 sub-paragraph (ii) hereof the floor area of any building existing on the land at sucli date shall not be increased and no new building shall be constructed without the permission of the responsible authority. (e) shall not be used for any of the purposes specified or included in Column 5 of such Section. I Substituted by (2) The responsible authority may refuse its permission for the use of land for any of the purposes AM. No. 120 Part 3A specified in Column 4 of a Section of the said Table or may grant a permit subject to such conditions as may be imposed in this Ordinance or if the responsible authority so determines I subject to such conditions having a like purpose but being not less stringent than those so imposed and to such other additional conditions as the responsible authority may deem fit. In determining whether or not such permission should be given or what conditions, if any, should be specified, the responsible authority shall have regard to - I (a) the primary purpose for which the land is zoned; (b) the orderly and proper planning of the zone; (c) the preservation of the amenity of the neighbourhood; and where the purpose is specified in Column 4 of Sections 1C, 36A, 37A, 38A, 39A and 40A of the Table the responsible authority shall also have regard to - (d) whether the proposed site is capable of accommodating the proposed use so that such use I will not be detrimental to the traditional rural activities of the nei,ghbourhood; (e) whether the proposed use caters primarily for persons who live outside the zone and, if so, I whether the proposed use will have a detrimental affect upon the natural resources and environment of the neighbourhood; , (f) whether the proposed use will result in the overtaxing of the existing essential services or require the provision of any such services which to, be an economic proposition would I necessitate more intensive land uses; and (g) whether the proposed use would generate a significant increase in vehicular traffic and, if so, whether the site - (i) has a frontage to a main or secondary road; (ii) is such as to enable sufficient vehicular ingress and egress to be provided; and I (iii) is located adjacent to an urban zone.

(3) In the said Table - Amended by (a) reference to any industry, business or occupation shall be deemed to be a reference to a I AM. No. 77 Part 3 class of industry, business or occupation and the purpose described by such reference shall subject to any applicable provisions of this Ordinance include and bedeemed to include any activity normally carried on by any industry, business or occupation within the class specified in such Table but not any activity normally carried on by any i'ndustry, business or I occupation within any other class so specified; and (b) reference to any building or works shall be deemed to be a reference to a class of buildings or works and the purpose described by such reference shall include and be deemed to include any use to 'which any building or works within the c.lass specified in the Table is I . '. normally put.

I

14 (Reprint No.9) I I 7. Confd. .. (4) Nothing in this Clause shall authorise or be deemed to authorise the erection, construction or I carrying out of any building or works or the extension or alteration of any building or works if such erection, construction, carrying out, extension or alteration is prohibited by or under this Planning Scheme or if permitted subject to any conditions the same have not been satisfied.

(5) Notwithstanding anything contained in this Clause any provision whereby any power is conferred Inserted by AM. No. 77 I upon the responsible authority by or under this Clause shall be so construed as to be exercisable Part 3 only to the extent that the power if exercised will not conflict with any power exercisable under the I provisions contained in Division 3A of this Part. I I I I I I I I I ,I I

I

15 ~ I (Reprint No.9) I TABLE TO CLAUSE 7

COLUMN 3 I COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 1 Agriculture Detached House Subject to the Apartment House Adult Sex Book and Animal Husbandry provisions of Clause Cafe Sex Aid RURAlZONE* Forestry 10 and 11 hereof, the Car Park Establ ishment I Home Occupation site is constituted by Caretaker'S House Attached Cluster PassIve Recreation an allotment on a Dangerous Industry House Railway plan of subdivision Dog Breeding Cemetery Road approved by the Educational Crematorium Tramway responsible authority Establishment Detached Cluster pursuant to sub- Extractive Industry' House I clause (1) of Clause Flat Junk Yard 19 hereof wh ich is Freezing and Cool Motor Vehicle RacIng not less than 2 Storage Works Track hectares in area or if General Industry (other Racecourse not so constituted, than a -II 10k YArd) Row House has an area of not Greyhound Keeping Any purpose specified I less than 2 hectares. Health Centre in Column 3 of this Hotel SectIOn of this Table light Industry if the condition or liquid Fuel Depot condittons set forth Major Transmission opposite such line purpose are not I Major Utility complied with. Installation Market MIlk Depot MIning MInor Sports Ground I Minor Utility Installation Offensive Industry Office Open-Air Cinema Petrol Filling Stationt I PIg Raising Place of Assembly Place of Worship Poultry Farming Public Administration I Racing Stables Radio Station Radio Studio Reformative Institution Restaurant Shop I Show Ground Stock Saleyard Store TeleviSIon Station TelevIsion Studio Tourist Establishment I Warehouse Any purpose not specified or included in any other Column of this Section of this I Table. I I I I I

'See Clauses 10, 11 'See Clause 25(1) I and 19(1) t See Clause 25(2) I Amended by AM. No. 2, AM. No. 17, AM. No. 27 Part 2, AM. No. 34 Part 1, AM No. 35 Part 2, AM. No. 3D, AM. No. 88 Part 2A, AM. No. 1 04 Part 2A, AM No. 178

17 I (Reprint No. 9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 1A Animal Husbandry Agriculture Adult Sex Book and Passive Recreation Caretaker's House Sex Aid STREAM A ND Railway Home Occupation Establishment FLOODWAY Minor Sports Ground Amusement Parlour I ZONE' Poultry Farming Apartment House Road Attached Cluster Any purpose not House specified or included Boat Sales in any other Column Cabaret of this Section of this Car Sales I Table. Cemetery Crematorium Detached Cluster House Detached House Dog Coursing Track I Dangerous Industry Extractive Industry General Industry Hotel Junk Yard Light Industry I Major Utility Installation Mining Motel Motor Repair Station I i Motor Vehicle Racing Track I Offensive Industry Office Outdoor Recreation Park I Panel Beating Works Petrol Filling Station Primary Produce Store Private Rubbish Tip Racecourse Residential Building I Row House Rural Industry Service Industry Shop Store Timb&r Yard - Retail I Timber Yard - Wholesale Totalizator Agency Tourist Establishment Transport Depot Warehouse I I I

I I I 'See Clause 19 I

Inserted by AM. No. 17 Amended by AM. No. 34 Part 1, AM. No. 35 Part 2, AM. No. 57 Part 2, AM No. 64 Part 1, AM. No. 21 Part 8A, AM. No. 68 Part 2B, AM. No. 77 Part 3, AM. No. 88 Part 2A. AM. No. 1 15 Part 2A. AM No. 120 Part 3A. AM. No. 178 I

18 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 1 C Afforestation Agriculture No detached house Aerodrome Any purpose not Apiary Animal Husbandry } shall be erected Animal Boarding specified In any CORRIDOR "A" Home Occupation unless in accordance Establishment Column of this I ZONE· Minor Utility with the condition Animal Hospital Section of this Table. Installation applicable thereto as Caretaker'S House Any purpose specified Passive Recreation set forth in this Dog Breeding in Column 3 of this Pensioner Relative Unit Column. Educationa I Section of this Table Railway Establishment if the condition or Road Detached House The site comprises not General Hospital conditions set forth I less than 12 hectares Golf Course opposite such or an allotment Greyhound Keeping purpose are not created pursuant to Greyhound Tra ining complied with. the provisions of sub- Health Centre clause (2Hb) or (2Xf) Institutionol Home of Clause 20C or Major Transmission I permission shall Line have been granted Major Utility pursuant to Clause Installation 11 A or if priorto the Minor Sports Ground 10th day of January, Open-Air Cinema 1 979 the site was Pig Raising I comprised in land Place of Assembly subdivided during the Place of Worship operation of an Plant Nursery - Retail approved planning Poultry Farming scheme and in Primary Produce Store accordance with the Private Rubbish Tip I provisions thereof or Racecourse of a permit granted Racing Stables thereunder and could Radio Station then lawfully be used Radio Studio for the purpose of a Reformative Institution I detached house. Research Centre Rural Industry Flat The flat forms portion Rural Recreation of or is added to a Show Ground detached house and Soil Removal not more than two I flats are thereby created. I I I I I I I I

'See Clauses 11 A and I 20C I Inserted by AM. No. 21 Part 8A Amended by AM. No. 1 09, AM. No. 88 Part 2A, AM. No. 104 Part 2A, AM. No. 115 Part 2A, AM. No. 120 Part 3A

19 I (Reprint No.9) (6 'ON lU!Jd9ij) I OZ I I I I I I I I I I I I I I. I I I I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIOi\lS Section 2 Afforestation Animal Husbandry Adult Sex Book and Agriculture Attached Cluster Sex Aid TOWNSHIP "A" Caretaker's House House Establishment ZONE" Detached Cluster Bank Aerodrome House Cafe Animal Boarding Detached House Car Park Establishment Home Occupation Dog Breed i ng Boat Sales Minor Sports Ground Educational Car Sales Passive Recreation Establishment Crematorium Pensioner Relative Unit Flat Extractive Ipdustry I Railway Health Centre Greyhound Training Road Hotel Hospital for Infectious Milk Depot Diseases Minor Utility Industry (other than Inr;;talli=ltinn RllrRllnrtllstry nr Motor Repair Station Servicllindustry) Office Industrial Sales . Petrol Filling Station" Junk Yard Place of Assembly Liquid Fuel Depot Place of Worsh ip Major Sports Ground Plant Nursery - Retail Major Utility Primary Produce Store Installation Restaurant Mining Rural Industry Motor Vehicle Racing Service Industry Track , Shop Open-Air Cinema Tourist Establishment Outdoor Recreation Any purpose not Park I specified or included Pig Raising in any other Column Poultry Farming ot'this Section of this Private Rubbish Tip Table. Radio Station Reformative Institution Stock Saleyard Store (other than Primary Produce Store) Television Station Timber Yard - Retail ,I Timber Yard- Wholesale Warehouse I

I . .1 :1

I I "See Clause 19 "See Clause 25(2) Inserted by AM. No. 21 Part 8AAmended by AM. No. 88 Part 2A. AM. No. 104 Part 2A. AM. No. 115 Part 2A. AM. No. 120 Part 3A. AM. No. 178 I

21 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMNS PURPOSE CONDITIONS Section 3 Detached Cluster Attached Cluster Adult Sex Book and House House Sex Aid RESIDENTIAL Detached House Apartment House Establishment "A" ZONE Home Occupation Attendance Centre Amusement Parlour (other than where Cafe Animal Boarding I carried on in a flat) Car Park Establishment Passive Recreation Caretaker's House Animal Hospital Pensioner Relative Unit Consulting Rooms Apiary (other than Railway Dog Breeding Resident Bee Road Educationa I Keeping) Tramway Establishment Bank I Flat Boat Sales Funeral Parlour Cabaret General Hospital Car Sales Health Centre Commercial Vehicle Home Occupation Park (other than in (where carried on in a conjunction with any . flat) purpose specified or Hotel included in Column 4 Institutional Home of this Section) Major Transmission Dangerous Industry Line Extractive Industry .1 Motel Film Studio Petrol Filling Stationj: Freezing and Cool Place of Assembly Storage Works Place of Worship Fuel Depot Reception Rooms General Industry Residential Building Generating Works Restaurant Greyhound Keeping Self Service laundrette Greyhound Training Service Premises Hospital for Infectious Veterinary Surgery Diseases Work Release Hostel Industrial Sales Youth Hostel Junk Yard Youth Welfare Service light Industry Any purpose not liquid Fuel Depot specified or included Major Sports Ground in any other Column Major Utility of this Section of this Installation Table. Market Massage Parlour Mechanical Car Wash Milk Depot Mining Motor Repair Station Motor Vehicle Racing Track Offensive Industry Office Open-Air Cinema Outdoor Recreation Park :1 Panel Beating Works Pig Raising Poultry Farming Primary Produce Store Private Rubbish Tip Racing Stables Radio Station Radio Studio Reformative Institution Rural Industry Service Industry (other I than Self Service Laundrette) Shop (not being Service Premises) Stock Saleyard Store Television Station Television Studio Timber Yard - Retail Timber Yard- Wholesale Totalizator Agency I Tourist Establishment Transport Depot Transport Interchange Trash and Treasure Market Warehouse I

j:See Clause 25(2) I Amended by AM. No.2. AM. No. 4A. AM. No. 17. AM. No. 19. AM. No. 19A, AM. No. 19B. AM. No. 19C. AM. No. 34 Part 1. AM. No. 34 Part 2. AM. No. 61. AM. No. 35 Part 2. AM. No. 49 Part 2. AM. No. 57 Part 2. AM. No. 21 Part 8A. AM. No. 72 Part 2A, AM. No. 68 Part 2B. AM. No. 83 Part 2. AM. No. 30. AM. No. 88 Part 2A. AM. No.1 04 Part 2A. AM. No. 115 Part 2A. AM. No. 178. AM. No. 140 Part 3. ,I

22 (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 , , COLUMN 1 COLUMN 2 COLUMN 4 COLUMNS '1' PURPOSE CONDITIONS Section 3A Apartment House Home Occupation Adult Sex Book and Bank (where carried on in a Sex Aid RESIDENTIAL AND Detached House flat) Establishment OFFICE ZONE* Flat - Row House Amusement Parlour I, Home Occupation Shop (in which the Animal Boarding (other than where gross leasable floor . Establishment carried on in a flat) area thereof does not Animal Hospital Office exceed 100 square Apiary Passive Recreation metres. on anyone, Car Sales Residential Building site or which is Cemetery Road within the premises Crematorium " of an hotel), Dangerous Industry Any purpose not Display Home specified in any other Dog Coursing Track CUIUIIII' uf tills [ .. l,

, I I oSee Clause 19A Inserted by AM, No. 151 Amended by AM, No, 178, AM, No, 1 BO I 23 I (Reprint No.9), I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 4 COLUMN 5 I' COLUMN 2 PURPOSE CONDITIONS Section 5 Detached Cluster Attached Cluster Adult Sex Book and House House Sex Aid RESIDENTIAL Detached House Apartment House Establishment "B"ZONE Home Occupation Attendance Centre Amusement Parlour I' lother than where Cafe Animal Boarding carried on in a flat) Car Park Establishment Passive Recreation Caretaker's House Animal Hospital Pensioner Relative Unit Consulting Rooms Apiary(other than Railway Dog Breeding Resident Bee Road Educational Keeping) I Tramway Establishment Bank Flat Boat Sales Funeral Parlour Cabaret General Hospital Car Sales Health Centre Cemetery Home Occupation Commercial Vehicle I (where car,';ed on in a Park (other than in flat) conjunction with any Hotel purpose specified or Institutional Home included in Column 4 Major Sports Ground of this Section). :1 Major Transmission Crematorium Line Dangerous Industry Minor Sports Ground Extractive Industry Minor Utility Film Studio Installation Freezing and Cool Motel Storage Works Petrol Filling Station:j: Fuel Depot I Place of Assembly General Industry Place of Worship Greyhound Keeping Reception Rooms Greyhound Training Resident Bee Keeping Hospital for Infectious Residential Building Diseases ,I Restaurant Industrial Sales Service Premises Junk Yard Veterinary Surgery Light Industry Work Release Hostel Liquid Fuel Depot Youth Hostel Major Utility Youth Welfare Service Installation 'I Any purpose not Market specified or included Massage Parlour . in any other Column Mechanical Car Wash of this Section of this Milk Depot Table. Mining Motor Repair Station ,I! Motor Vehicle Racing Track Offensive Industry - Office Open-Air Cinema ,I Outdoor Recreation Park Panel Beating Works Pig Raising Poultry Farming Primary Produce Store .1: Private Rubbish Tip Racing Stables Radio Station Radio Studio Reformative Institution Rural Industry .1, Service Industry Shop (other than Service Premises) Stock Saleyard Store . Television Station .a Television Studio Timber Yard - Retail Timber Yard- Wholesale Totalizator Agency Tourist Establishment I' Transport Depot Transport Interchange Trash and Treasure Market Warehouse I .1. :j:See Clause 25(2) ~I

Amended by AM. No.2. AM. No. 4A. AM. No. 17. AM. No. 19. AM. No. 19A. AM. No. 19C. AM. No. 34 Part 1. AM. No. 34 Part 2. AM. No. 61. AM. No. 35 Part 2. AM. No. 49 Part 2. AM. No. 57 Part 2. AM. No. 62 Part 2. AM. No. 21 Part 8A. AM. No. 72 Part 2A. AM. No. 68 Part 2B. AM. No. 83 Part 2. AM. No. 30. AM. No. 88 Part 2A. AM. No.1 04 Part 2A. AM. No. 115 Part 2A. AM. No. 178. AM. No. 140 Part 3. .1

24 (Reprint No.9) ,I

I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 6 Detached Cluster Attached Cluster Adult Sex Book and House House Sex Aid RESIDENTIAL Detached House Agriculture Establishment "C"ZONE Home Occupation Animal Husbandry Amusement Parlour I (other than where Apartment House Animal Boarding carried on in a flat) Cafe Establishment Passive Recreation Caretaker's House Animal Hospital Pensioner Relative Unit Consulting Rooms Apiary (other than Railway Display Home Resident Bee Road Dog Breeding Keeping) Tramway Educational Attendance Centre Establishment Bank Flat Boat Sales Funeral Parlour Cabaret GonorJllo!ocpit~1 ("~r'

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I: PURPOSE CONDITIONS Section6A Home Occupation Detached House Provided that - Any purpose not Adult Sex Book and (other than where (a) the roof is tiled and specified or included Sex Aid SPECIAL carried on in a flat) that fibre glass in any other Column Establishment RESIDENTIAL Passive Recreation batts having a of this Section of this Amusement Parlour ZONE No.1 Railway minimum - Table. Animal Boarding I Road thickness of 50 Establishment Tramway millimetres are laid Animal Hospital to cover the whole Apartment House of the ceiling area; Apiary (b) all external walls Attendance Centre are of cavity brick Bank construction or are Boat Sales constructed of brick Cabaret veneer and lined Car Sales with fibre glass Cemetery batts having a Commercial Vehicle I. minimum Park thickness of 50 Crematorium millimetres; Dangerous Industry (c) attenuated ceiling Display Home air vents shall be Dog CO!Jrsing Track the only type of air Extractive Industry .1 vents provided and Film Studio shall be in Flat accordance with Freezing and Cciol Drawing No. 32767 Storage Works referred to in the Fuel Depot resolution of the General Industry I Broadmeadows Generating Works City Council on Greyhound Training 30th May, 1977; Hospital for Infectious (d) all windows shall Diseases comply with the Industrial Sales following Junk Yard .1 requirements: Light Industry - single 6 Liquid Fuel Depot millimetres thick Major Utility sheet glass Installation - the joints Market between window Massage Parlour I frames and the Mechanical Car Wash surrounding wall Milk Depot shall be Mining continuously Motel sealed for their Motor Repair Station I' full perimeter Motor Vehicle Racing - openable window· Track sashes shall Offensive Industry close against a Office continuous Open-Air Cinema weatherproof Outdoor Recreation compressible Park seal; and Panel Beating Works (e) all external doors Pig Raising shall comply with Poultry Farming the following Racing Stables requirements: Radio Station I. - the joints Radio Studio between door Reformative Institution fra mes and the Residential Building surrounding wall Service Industry shall be Shop (other than continuously Service Premises) sealed for their Stock Saleyard full perimeter Store - are solid core, Television Station having a Television Studio minimum Timber Yard - Retail thickness of 48 Timber Yard- .1 millimetres and Wholesale fitted with sealing Totalizator Agency gaskets, namely Tourist Establishment R.P.l0 Transport Depot Acoustical seal Transport Interchange door stop in Trash and Treasure conjunction with Market R.P. 8 Automatic Warehouse Door bottom seal Youth Welfare Service "Raven Any purpose specified Products", or in Column 3 of this equivalent. Section of this Table if the condition or conditions set forth opposite such purpose are not complied with. I. I Inserted byAM. No. 80 Amended by AM. No. 88 Part 2A, AM. No. 104 Part 2A, AM. No. 115 Part 2A, AM. No. 178, AM. No. 140 Part 3 I

26 (Reprint No, 9) .1 I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 6B Detached House Apartment House } Provided that the Home Occupation Adult Sex Book and Home Occupation Flat - provisions of Clauses (where carried on in a Sex Aid SPECIAL 10ther than where Residential Building . 13B.13C. 13D. 13E. flat) Establ ishment 'RESIDENTIAL carried on in a flat) 13F.13G.13H. Office (provided that Amusement Parlour I ZONE No.2" Passive Recreation 13J(1) and 13K are where that purpose is Animal Boarding Road complied with. to be carried on in a Establishment building which .Animal Hospital existed on the 1 st day Apiary , of July 1981 the total Bank area used for that Boat Sales I purpose does not Cabaret exceed a plot ratio of Car Sales 1.5). Cemetery Row House Commercial Vehicle Any purpose nol Park specified in any other Crematorium Column 6f this Da ngerous Industry Section ofthis Table. Display Home Any purpose specified Dog Coursing Track in Column 3 of this Extractive Industry Section of this Table Film Studio I if the condition or Freezing and Cool conditions set forth Storage Works opposite such Fuel Depot purpose are not General Industry complied with. Generating Works Greyhound Training Hospital for Infectious Diseases Hotel Industrial Sales Junk Yard Light Industry ' . Liquid Fuel Depot ·1 Major Utility Installation Market Massage Parlour Mechanical Car Wash I' Milk Depot Mining Motor Repair Station Motor Vehicle Racing Track Offensive Industry il Office (other than specified in Column 4) Open-Air Cinema Outdoor Recreation Park I Panel Beating Works - Petrol Filling Station Pig Raising Poultry Farming Racing Stables Radio Station I Radio Studio Reformative Institution Service Industry Shop (other than '. Service Premises) :1 Stock Saleyard Store Television Station Television Studio Timber·Yard Totalizator Afjency Tourist Establishment Transport Depot Trash and Treasure Market Warehouse I

I - I "See Clause 19A Inserted by AM. No. 151 Amended by AM. No. 178 ·1 27 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS I Section 6C Detached House Apartment House Provided that Home Occupation Adult Sex Book and Home Occupation Flat provisions of Clauses (where carried on in a Sex Aid SPECIAL (other than where Residential Building } 13B, 13C, 130, 13E, flat) Establishment RESIDENTIAL' carried on in a flat) 13F, 13G, 13H, Row House Amusement Parlour ZONE No.3" Passive Recreation 13J(1) and 13K are Any purpose not Animal Boarding I Road complied with. specified in any other Establishment Column of this Animal Hospital Section of this Table. Apiary Any purpose specified Bank in Column 3 of this Cabaret Section of this Table Car Sales if the condition or Cemetery conditions set forth Comm.ercial Vehicle opposite such Park purpose are not Crematorium complied with. Dangerous Industry I Display Home Dog Coursing Track Educational Establishment Extractive Industry Film Studio Freezing and Cool Storage Works Fuel Depot General Industry Generating Works Greyhound Training . Hospital for Infectious Diseases Hotel Industrial Sales Junk Yard Light Industry Liquid Fuel Depot Major Utility Installation ~ Market Massage Parlour Mechanical Car Wash I Milk Depot Mining Motor Repair Station Motor Vehicle Racing Track I' Offensive Industry Office Open-Air Cinema Outdoor Recreation Park Panel Beating Works I Petrol Filling Station Pig Raising Poultry Farming Racing Stables Radio Station Radio Studio' I Reformative Institution Service Industry Shop (other than Service Premises) Stock Saleyard Store I Television Station Television Studio Timber Yard Totalizator Agency Tourist Establishment Transport Depot Trash and Treasure Market Warehouse

, '1' - I I. 'See Clause 19A I' Inserted by AM. No. 151 Amended by AM. No. 178 .1

28 (Reprint No.9) .1 I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 I COLUMN 5 COLUMN 1 COLUMN 2 COLUMN 4 PURPOSE CONDITIONS Section6D Detached House Agriculture Any purpose not Passive Recreation Animal Husbandry specified in any URBAN Pensioner Relative Unit Apartment House Column of this I CONSERVATION Cafe Section of this Table. - RESIDENTIAL Caretaker's House ZONE No.1" Consulting Room's Dog Breeding Educational Establishment I Flat General Hospital Health Centre Home Occupation 11'I5liluliullalll(lIl"l":; Minor Sports Ground Minor Utility Installation Motel Place of Assembly Place of Worship :1 Reception Rooms Resident Bee Keeping Residential Building Restaurant Restricted Office Road Service Premises 'I Tramway Veterinary Surgery Work Release Hostel Youth Hostel

I - tl I I , I

'I '

I I I 'See Clause 19E I Inserted'byAM. No. 120 Part 3A Re-numbered by AM. No. 151

29 I (Reprint No.9) I , TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 7 Home Occupation Detached Cluster } Provided that - Agriculture Adult Sex Book and (other than where House (a) subject to Clause Animal Husbandry Sex Aid RESIOENTIAl carried on in a flat) Detached House 12 hereof the site Cafe Establishment "O"ZONP , Passive Recreation shall not be less in Caretaker's House Amusement Parlour I Pensioner Relative Unit area than 0.4 Consulting Rooms Apiary (other than Railway hectare or be Dog Breeding Resident Bee Road constituted by an Educational Keeping) allotment on a plan Establishment Att.ached Cluster House of subdivision Flat (if the flat forms Bank approved by the portion of or is added Boat Sales I responsible to a detached house Cabaret authority pursuant and not more than Car Sales to sub-clause (2) of two dwellings are Cemetery Cia use 12 hereof thereby created) Commercial Vehicle which is not less General Hospital Park (other than in than 0.4 hectare in Health Centre conjunction with any I area; and Home Occupation purpose specified or (b) (i) connection to a (where carried on in a included in Column 4 reticulated flat) -of this Section) sewerage system Hotel Crematorium is available; or Institutional Home Dangerous Industry (ii)where such a Major Transmission Dog Coursing Track I system is not Line Extractive Industry available the Minor Sports Ground Film Studio responsible Minor Utility Flat (other than authority. after Installation specified in Column 4 consultation with Motel of this Section) each drainage or Place of Assembly Freezing and Cool .1 sewerage Place of Worship Storage Works authority (other Plant Nursery - Retail Fuel Depot - than the Racing Stables Funeral Parlour responsible Reception Rooms General Industry authority itself) Resident Bee Keeping Generating Works having powers or Residential Building Greyhound Training .1 duties in respect Restaurant Hospital for Infectious of the site. is Tourist Establishment Diseases satisfied that Veterinary Surgery Industrial Sales arrangements Any purpose not Junk Yard have been made specified or included light Industry which will ensure in any other Column liquid Fuel Depot I that no sewage. of this Section of this Major Sports Ground sullage or Table. Major Utility Installation effluent Market generated on the Massage Parlour site shall be Mechanical Car Wash I discharged or Milk Depot escape with Mining detrimental effect Motor Repair Station into the drainage Motor Vehicle Racing system serving Track the ~ite or onto Offensive Industry .1 any otlier land. Office Open-Air Cinema Outdoor Recreation Park Panel Beating Works Pig Raising Poultry Farming Primary Produce Store Private Rubbish Tip Radio Station Radio Studio Reformative Institution I Row House Rural Industry Service Industry Shop Stock Saleyard .1 Store Television Station Television Studio Timber Yard - Retail Timber Yard - Wholesale Totalizator Agency Transport Depot Transport Interchange Trash and Treasure Market Warehouse Any purpose specified I in Column 3 of this Section of this Table if the condition or conditions set forth opposite such purpose are not complied with. 'See Clause 12 I

Amended by AM. No.2. AM. No. 4A. AM. No. 17. AM. No. 34 Part 1. AM. No. 34 Part 2. AM. No. 36 Part 1 B. AM. No. 35 Part 2. AM. No. 57 Part 2. AM. No. 62 Part 2. AM. No. 21 Part 8A. AM. No. 70 Part 4A. AM. No. 72 Part 2A. AM. No. 68 Part 2B. AM. No. B3 Part 2. AM. No. 30. AM. No.8B Part 2A. AM. No. 90 Part 2A. AM. No. 104 Part 2A. AM. No. 115 Part 2A. AM. No. 178. AM. No. 140 Part 3. AM. No. 143 Part 3 I

30 (Reprint No.9) I TABLE TO CLAUSE 7 (Continued) I COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 8 Home Occupation Attached Cluster Adult Sex Book and (other than where House Sex Aid RESERVED LIVING carried on in a flat) Agriculture Establishment I ZONE" Passive Recreation Animal Husbandry Aerodrome Pensioner Relative Unit Bank Animal Boarding Railway Cafe Establishment Road Caretaker's House Animal Hospital Tramway Consulting Rooms Apiary (other than Detached Cluster Resident Bee House Keeping) Detached House Boat Sales Display Home Cabaret Dog Breeding Car Sales Euuceliol II,) Ceq fll::tCI ·v .1 Establishment Commercial Vehicle Flat Park (other than in Health Centre conjunction with any Home Occupation pu rpose spec ified or (where carried on in a included in Column 4 flat) of this Section) :1 Hotel Crematorium Major Sports Ground Dangerous Industry Major Transmission Dog Coursing Track Line Extractive Industry Minor Sports Ground Film Studio Minor Utility Freezing and Cool Installation Storage Works Petrol Filling Stationt General Industry , Place of Assembly Generating Works Place of Worship Greyhound Training Plant Nursery - Retail Hospital for Infectious Reception Rooms Diseases I Research Centre Industrial Sales Resident Bee Keeping Junk Yard Residential Building Light Industry Restaurant Liquid Fuel Depot Service Industry Major Utility Service Premises Installation I Veterinary Surgery Market Any purpose not Massage Parlour specified or included Mechanical Car Wash in any other Column Mining of this Section of this Motor Vehicle Racing Table, Track Offensive Industry Open-Air Cinema Outdoor Recreation Park Panel Beating Works I Pig Raising Poultry Farming Primary Produce Store Private Rubbish Tip Racing Stables Radio Station :1 Radio Studio 'Reformative Institution Rural Industry Shop (other than specified in Column 4 of this Section) Stock Saleyard Store Television Station Television Studio Timber Yard - Retail Timber Yard- I Wholesale Tourist Establishment Transport Depot Transport Interchange ,Trash and Treasure Market I Warehouse ,I I

'See Clause 19 tSee Clause 25(2)

Amended by AM, No, 2, AM, No, 17, AM, No, 34 Part 1, AM, No, 34 Part 2, AM, No, 35 Part 2, AM, No, 49 Part 2, AM, No, 57 Part 2, AM, No, 100, AM, No, 21 Part 8A. AM, No, 70 Part4A, AM, No, 107,AM, No, 68 Part 2B, AM, No, 83 Part 2, AM, No, 30, AM, No, 127,AM"No, 88 Part 2A, AM, No, 132,AM, No, 133, ,I AM, No, 104 Part 2A, AM, No, 115 Part ,lA, AM, No, 120 Part 3A, AM, No, 178, AM, No, 138 Part 2A, AM, No, 140 Part 3

31 I , (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 9 Bank Cabaret Provided that the site is Adult Sex Book and Animal Boarding Cafe the land known as Sex Aid Establishment CENTRAL Caretaker's House and situate at 487- Establishment" Dangerous Industry BUSINESS Consulting Rooms 503 Collins Street Amusement Parlour Extractive Industry ZONE Flat (other than and 460-474 Flinders Cabaret (other than on Freezing and Cool I Lane, Melbourne, a site specified in Storage Works specified in Column 4 of this Section) being more Column 3 of this General Industry Home Occupation particularly the whole Section) Hospital for InfectiouS Office of the land now Car Park (other than on Diseases Passive Recreation described in a site specified in Institutional Home I Railway Certificate of Title Column 3 of this Liquid Fuel Depot Road Volume 8697 Folio Section) Offensive Industry Shop 967 or part thereof or Commercial Vehicle Timber Yard - Retail Tramway the land known as Park (other than on a Timber Yard - and situate at 62-70 site specified in Wholesale King Street, Column 'J 01 this I Melbourne, being Section) more particularly the Educational whole of the land Establishment now described in Film Studio Certificate otTilie Flat (if located in any Volume 6253 Folio building on the I 533 and Volume ground floor thereof 8704 Folio 532 or or located below any part thereof. floor used for any purpose other than Car Park Provided that the site is residential or the the land known as accommodation of I and situate at 62-70 services or plant King Street. provided for the Melbourne, being enjoyment of the more particularly the building) whole of the land Funeral Parlour now described in General Hospital I Certificate of Title Health Centre Volume 6253 Folio Hotel (other than on a 533 and Volume site specified in 8704 Folio 532 or Column 3 of this part thereof. Section) Industrial Sales' I Commercial Vehicle Provided that the site is Light Industry Park the land known as Major Utility and situate at 62-70 Installation King Street, Market (not being a Melbourne, being Stock Saleyard) I more particularly the Minor Sports Ground whole of the land Minor Utility now described in Installation Certificate of Title Motor Repair Station Volume 6253 Folio Newspaper Printing 533 and Volume Works and ancillary I 8704 Folio 532 or uses part thereof. Petrol Filling Statlont Place of Assembly Hotel PrOVided that the site is Place of Worship the land known as Radio Station and situate at 487- Radio Studio I 503 Collins Street Residential Building and 460-474 Flinders Restaurant (other than Lane, Melbourne, on a site specified in being more Column 3 of this particularly the whole Section) of the land now Store I described in Television Station Certificate of Title Television StudiO Volume 8697 Folio Warehouse 967 or part thereof or Any purpose not the la nd known as specified or included and situate at 62-70 in any other Column I King Street, of thiS Section of this Melbourne, being Table. more particularly the whole of the land now described in I Certificate of Title Volume 6253 Folio 533 and Volume 8704 Folio 532 or I part thereof. I I (Continued) (Continued) I 33 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS I Section 9 Restaurant Provided that the site is the land known as CENTRAL and situate at 487- BUSINESS 503 Collins Street ZONE and 460-474 Flinders I (Continued) Lane, Melbourne, being more particularly the whole of the land now described in Certificate of Title I Volume 8697 Folio 967 or part thereof or the land known as and situate at 62-70 Ki ng Street, Melbourne, being I more particularly the whole of the land now described in Certificate of Title Volume 6253 Folio 533 and Volume I 8704 Folio 532 or part thereof. I I I I

I I I I I I

·See Clause 25(3) tSee Clause 25(2) ··See Clause 25(6) I Amended by AM. No. 2, AM. No. 17, AM. No. 34 Part 1, AM. No. 49 Part 2, AM. No. 88 Part 2A. AM. No. 178, AM. No. 195, AM. No. 196 I

34 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURpOSE CONDITIONS Section 10 Bank Adult Sex Book and Attached CI uster Consulting Rooms Sex Aid House DISTRICT Home Occupation Establishment" Animal Boarding BUSINESS Office Amusement Parlour Establishment ZONE' Passive Recreation Attendance Centre Dangerous Industry I Railway Cabaret Detached Cluster Road Cafe House Shop Car Park Detached House Caretaker's House Extractive Industry Educational Freezing and Cool Establishment Storage Works I Funeral Parlour General Hospital Health Centre General Industry Hotel Generating Works Industrial Sales' Hospital for Infectious light Industry Diseases I Mechanical Car Wash Institutional Home Milk Depot Liquid Fuel Depot Minor Sports Ground Major Sports Ground Minor Utility Major Transmission Installation Line Motor Repair Station Major Utility I Petrol Filling Stationt Installation Place of Assembly Offensive Industry Place of Worship Panel Beating Works Restaurant Private Rubbish Tip Service Industry Reformative Institution Veterinary Surgery Residential Building I Warehouse Row House Youth Welfare Service Timber Yard - Retail Any purpose not Timber Yard - specified or included Wholesale in any other Column Tourist Establishment of this Section of this I Table, I I I I I I I I I 'See Clause 22 'See Clause 25(3) tSee Clause 25(2) I "See Clause 25(6) Amended by AM. No. 2, AM. No. 17, AM, No. 34 Part 1, AM. No. 34 Part 2, AM. No. 49 Part 2, AM. No. 57 Part 2. AM. No. 21 Part 8A, AM. No. 30, AM. No. 88 Part 2A, I AM. No. 178 35 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS I Section 10A Bank Consulting Rooms Provided that - Amusement Parlour Attached Cluster Cafe Flat (a) the provisions of Attendance Centre House TRANSPORT Car Park Office Clause 220 where Cabaret Animal Boarding CENTRE Passive Recreation Place of Assembly applicable are Educational Establishment ZONE' Railway Restaurant complied with; and Establishment Dangerous Industry I Road Shop (b) the layout of such Health Centre Detached Cluster Caretaker's House Transpon Interchange bUildings and Hotel House works, associated Mechanical Car Wash Detached House landscaping, Minor Utility Extractive Industry vehicle and Installation Freezing and Cool I pedestrian access Petrol Filling StatlOnt Storage Works and egress ways Youth Welfare Service General Hospital within and to and Any purpose not General Industry from such speCified in any other Generating Works development shall Column of this Hospital for Infectious be to the Section of this Table. Diseases I satisfaction of the Any purpose specified Institutional Home responsible in Column 3 of this LiqUid Fuel Depot authority. Section of this Table Major spons Ground if the condition or Offensive Industry conditIOns set forth Panel Beating Works opposite such Private Rubbish Tip I purpose are not Reformative Institution complied with. Row House Timber Yard - Retail Timber Yard - Wholesale I I I I I I I I I I I 'See Clause 220 tSee Clause 25(2) I Inserted by AM. No. 140 Part 3 I

36 (Reprint No.9) ,I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 11 Bank Attached Cluster Animal Boarding Home Occupation House Establishment RESTRICTED Passive Recreation Attendance Centre Dangerous Industry BUSINESS Railway Cafe Detached Cluster I ZONE' Road Car Park House Shop Caretaker's House Detached House Totalizator Agency Educationa I Extractive Industry Establishment Freezing and Cool Flat Storage Works Funeral Parlour General Hospital I Health Centre General Industry Hotel Generating Works Industrial Sales' Hospital for Infectious Light Industry Diseases IVleCllafllCal Lal vVa~ll Irl~titutiullal HUllle I Milk Depot Junk Yard Minor Sports Ground Liquid Fuel Depot Minor Utility Major Sports Ground Installation Major Transmission Motor Repair Station Line Office Major Utility I Petrol Filling Stationt Installation Place of Assembly Offensive Industry Place of Worship Open-Air Cinema Restaurant Panel Beating Works Service Industry Private Rubbish Tip Store Reformative Institution I Veterinary Surgery Residential Building Warehouse Timber Yard - Retail Youth Welfare Service Timber Yard - Any purpose not Wholesale specified or included Tourist Establishment in any other Column I of this Section of this Table. I I I I I I I I I

'See Clause 22 'See Clause 25(3) I t See Clause 25(2) Amended by AM. No. 2, AM. No. 4A, AM. No. 17, AM. No. 34 Part 1, AM. No. 34 Part 2, AM. No. 49 Part 2, AM. No. 57 Part 2, AM. No. 21 Part 8A, AM. No. 30, I AM. No. 88 Part 2A, AM. No. 160 Part 1

37 I (Reprint No, 9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 11A Bank Cafe Adult Sex Book and Caretaker's House Car Park Sex Aid OFFICE Consulting Rooms Educational Establishment ZONE* Office Establishment Animal Boarding I Passive Recreation Flat Establishment Road General Hospital Boat Sales Tramway Health Centre Car Sales Hotel Dangerous Industry Minor Utility Dog Coursing Track Installation Extractive Industry I Motel Freezing and Cool Petrol Filling Station' Storage Works Place of Assembly Fuel Depot Place of Worship General Industry Reception Rooms Generating Works Restaurant Hospital for Infectious I Service Industry Diseases Service Premises Industrial Sales Veterinary Surgery Institutional Home Any purpose not Junk Yard specified or Included Light Industry (other in any other Column than Service I of this Section of this Industry) Table. LiqUid Fuel Depot Major Transmission Line Major Utility Installation I Market Milk Depot Motor Repair Station Offensive Industry Panel Beating Works Plant Nursery - Retail I Poultry Farming Primary Produce Store Private Rubbish Tip Racing Stables Reformative Institution Rural Industry I Shop (other than Service Premises) Store Timber Yard - Retail Timber Yard- I Wholesale Transport Depot Warehouse I I I I I I I 'See Clause 20 'See Clause 25(2) I

Inserted by AM. No. 35 Part 3 Amended by AM. No. 21 Part 8A. AM. No. 68 Part 2B, AM. No. 83 Part 2, AM. No. 88 Part 2A. AM. No. 115 Part 2A, AM. No. 120 Part 3A, AM. No. 178 I

38 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 I COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 12 Bank Attached Cluster Animal Boarding Home Occupation House Establishment LOCAL Passive Recreation Attendance Centre Animal Hospital I BUSINESS Railway Cafe Dangerous Industry ZONE" Road Car Park Detached Cluster Shop (other than a Caretaker's House House Take-away Food Educational Detached House Premises) Establishment Extractive Industry Totalizator Agency Flat Freezing and Cool I Tramway Funeral Parlour Storage Works Health Centre General Hospital Hotel General Industry Industrial Sales' Generating Works l-iQht Innll~trv Hnc;pitftl fnr Infprtinllt:' Mechanical Car Wash Diseases I Milk Depot Institutional Home M inor Sports Ground Junk Yard Minor Utility Liquid Fuel Depot Installation Major Sports Ground Motor Repair Station Major Transmission Office Line I Petrol Filling Stationt Major Utility Place of Assembly Installation Place of Worship Mining Restaurant Offensive Industry Service Industry Panel Beating Works Store Private Rubbish TIp I Take-away Food Reformative Institution Premises Residential Building Veterinary Surgery Row House Warehouse Stock Saleyard Youth Welfare Service Timber Yard - Retail Any purpose not Timber Yard- I specified or Included Wholesale In any other Column Tourist Establishment of thiS Section of this I Table. I I I I I I I I

• See Clause 26 'See Clause 25(3) I tSee Clause 25(2) I Amended by AM. No.2. AM. No. 4A. AM. No. 17. AM. No. 34 Part 1, AM. No. 34 Part 2, AM. No. 57 Part 2. AM. No. 21 Part 8A. AM. No. 30. AM . No. 88 Part 2A

39 I (Reprint No. 9) - -

(6 'ON lU!Jdat:l) I Ot> I I I I I I I I I I I I I I I I I I I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 13 Caretaker's House Light Industry Provided that the Animal Husbandry Adult Sex Book and Home Occupation provisions of Clause Bank Sex Aid LIGHT Passive Recreation 24A are complied Cafe Establishment INDUSTRIAL Petrol Filling Stationt with. Car Park Attached Cluster I ZONE Railway Commercial Display House Road Boat Sales' Provided that - Area Animal Boarding Totalizator Agency Car Sales' (a) the provisions of Educational Establishment Tramway Fuel Depot Clause 24A are Establishment Cemetery Mechanical Car Wash complied with; and Film Studio Crematorium I Motor Repair Station (b) the processes Funeral Parlour Dangerous Industry Plant Nursery - Retail carried on, the Furniture and Carpet Detached Cluster Store materials, goods Sales House Warehouse and machinery Health Centre Detached House used and stored Hotel Dog Coursing Track tJllJ ll,1,., I"du~triol [;0103" EHtruoti,'o Inductr.,. I transportation of Junk Yard Flat materials, goods Major Transmission General Hospital and commodities to Line General Industry and from the Major Utility Generating Works premises will not Installation Hospital for Infectious cause injury to or Milk Depot Diseases I prejudicially affect Minor Sports Ground Institutional Home the amenity of the Minor Utility Liquid Fuel Depot loca lity by reason of Installation Major Sports Ground the emission of Office Market noise, vibration, Outdoor Recreation Mining smell, fumes, Park Motor Vehicle Racing I smoke, vapour, Panel Beating Works Track steam, soot. ash, Place of Assembly Offensive Industry dust, waste Place of Worship Reformative Institution products, grit, or 011 , Poultry Farming Residential Building the appearance of Racing Stables Row House the property or Radio Station Shop (other than I otherwise. Radio Studio specified in Column 4 Reception Rooms of this Section) Restaurant Stock Saleyard Service Premises Timber Yard - Take-away Food Wholesale Premises Any purpose specified I Television Station in Column 3 of this Television Studio Section of this Table Tounst Establishment if the condition or Transport Depot conditions set forth Trash and Treasure opposite such Market purpose are not I Any purpose not complied with. specified or included in any other Column of this Section of this I Table. I I I I I I I tSee Clause 25(2) 'See Clause 25(3) 'See Clause 25(3) Amended by AM. No. 2, AM. No . 4A, AM. No. 17, AM. No. 27 Part 2, AM. No. 34 Part 1, AM. No. 34 Part 2, AM. No. 35 Part 2, AM. No. 57 Part 2, AM. No. 68 Part 2B, I AM. No. 83 Part 2, AM. No. 30, AM. No. 88 Part 2A, AM. No. 115 Part 2A, AM. No. 178

41 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 13A Agriculture Light Industry Provided that the Animal Husbandry Adult Sex Book and Bank provisions of Clause Cafe Sex Aid RESTRICTED Caretaker's House 24A are complied Car Park Establishment LIGHT Home Occupation with. Car Sales' Attached Cluster I INDUSTRIAL Passive Recreation Commercial Vehicle House ZONE' Petrol Filling Station' Park Animal Boarding Railway Educational Establishment Road Establishment Cemetery Totalizator Agency Film Studio Crematorium Tramway Funeral Parlour Dangerous Industry I Furniture and Carpet Detached Cluster Sales House Health Centre Detached House Hotel Dog Coursing Track Industrial Sales' Extractive Industry Major Transmission Flat I Line Freezing and Cool Milk Depot Storage Works Minor Sports Ground General Hospital Minor Utility General Industry Installation Generating Works Motor Repair Station Hospital for Infectious I Office Diseases Place of Assembly Institutional Home Place of Worship Junk Ya rd Plant Nursery - Reta" Liquid Fuel Depot Radio Station M ajor Sports Ground Radio Studio Major Utilty Installation I Restaurant Market Service Premises Mining Store Motor Vehicle Racing Take-away Food Track Premises Offensive Industry Television Station Outdoor Recreation I Television Studio Park Tourist Establishment Poultry Farming Transport Depot Private Rubbish Tip Warehouse Reformative Institution Any purpose not Residential Building I specified or included Row House in any other Column Shop (other than of this Section of this specified in Column 4 Table. of this Section) Stock Saleyard Timber Yard- I Wholesale Any purpose specified In Column J of this Section of this Table if the condition or conditions set forth I opposite such purpose are not complied with. I I I I I I ' See Clause 21 A ' See Clause 25(2 ) ' See Clause 25(3 ) I Inserted by AM . No. 67 Amended by AM. No. 21 Part 8A, AM. No. 68 Part 2B, AM. No. 30, AM. No. 88 Part 2A. AM. No. 115 Part 2A, AM. No. 178, AM. No. 155 Part 2 I

42 (Reprint No. 9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 14 'I Agriculture Freezing and Cool Provided that - Animal Husbandry Adult Sex Book and Car Park Storage Works (a) no process of such Bank Sex Aid GENERAL Caretaker's House Fuel Depot industry is carried Cafe Establishment INDUSTRIAL Home Occupation General Industry on within 30 Extractive Industry" Attached Cluster I ZONE Milk Depot Motor Repair Station metres of any Funeral Parlour House Petrol Filling Stationt Panel Beating Works residential zone Generating Works Cemetery and ~ Plant Nursery - Retail (including a Health Centre Crematorium Railway Reserved Living Hotel Dangerous Industry Section 15 Road Zone) or of any land Industrial Salest Detached Cluster Tramway reserved for a Junk Yard House I SPECIAL school or a hospital liqUid Fuel Depot Detached House INDUSTRIAL but where a zone Major Transmission Dog Coursing Track ZONE" boundary runs With line Flat a street the said 30 Major Utility General Hospital metres shJII be Installation Hospital for Infect iOUs measured from the Minor Utility Diseases I street alignment on Installation Institutional Home the side of the Office Market street furthest from Outdoor Recreation Mining the industry; and Park Motor Vehicle Racing (b) the provisions of Place of Assembly Track I Clause 24A are Poultry Farming Offensive Industry complied with, Racing Stables Reformative Institution Restaurant Residential Building Provided that the SawMill Row House CarBoo<5,'''' Sales" prOVisions of Clause Service Premises Shop (other than Light Industry 24A are complied Take-away Food specified in Column 4 I Premises of thiS Section) Mechanical Car Wash with, I Tourist Establishment Any purpose specified Store Warehouse Transport Depot in Column 3 of thiS Trash and Treasure Section of thiS Table Market if the condition or Any purpose not conditions set forth I speCified or Included opposite such In any other Column purpose are not of thiS Section of thiS complied With. I Table I I I I I I I I

' See Clause 21 t See Clause 25(2) "See Clause 25(3) ' See Clause 25(1) I t See Clause 25(3) Amended by AM. No. 2, AM. No. 17, AM. No. 34 Part 1, AM. No. 34 Part 2, AM. No. 35 Part 2, AM. No. 57 Part 2, AM. No. 72 Part 2A, AM. No. 68 Part 2B, I AM. No. 83 Part 2, AM. No. 30, AM. No. 88 Part 2A, AM. No. 115 Part 2A. AM. No. 178, AM. No. 155 Part 2

43 I (Reprint No, 9) I TABLE TO CLAUSE 7 (Continued)

COLUMN3 COLUMN 1 COLUMN 2 COLUMN4 COLUMN 5 PURPOSE CONDITIONS I Section 14A Agriculture General Industry Provided that - Animal Husbandry Adult Sex Book and Car Park (a) no process of such Bank Sex Aid RESTRICTED Caretaker's House industry is carried Cafe Establishment GENERAL Home Occupation on within 30 Commercial Vehicle Attached Cluster INDUSTRIAL Milk Depot metres of any Park House I ZONE" Petrol Filling Station' residential zone Extractive Industryt Cemetery Plant Nursery - Retail (including a Freezing and Cool Crematorium Railway Reserved Living Storage Works Dangerous Industry Road Zone) or of any land Fuel Depot Detached Cluster Tramway reserved for a Funeral Parlour House school or a hospital Generating Works Detached House I but where a zone Health Centre Dog Coursing Track boundary runs with Hotel Flat a street the said 30 Industrial Sales' General Hospital metres shall be Junk Yard Hospital for Infectious measured from the Liquid Fuel Depot Diseases I street alignment on Major Transmiss'on Institutional Home the side of the Line Market street furthest from Major Utility Mining the industry; and Installation Motor Vehicle Racing (b) the provisions of Mechanical Car Wash Track Clause 24A are Minor Utility Offensive Industry I complied with. Installation Reformative Institution Office Residential Building Boat Sales' Provided that the Outdoor Recreation Row House Car Sales' provisions of Clause Park Shop (other than Light Industry } 24A are complied Place of Assembly specified in Column 4 with. Poultry Farming of this Section) I Racing Stables Any purpose specified Restaurant in Column 3 of this SawMill Section of this Table Service Premises If the condition or Store conditions set forth Take-a way Food opposite such I Premises purpose are not TOUrist Establishment complied with. Transport Depot Trash and Treasure Market Warehouse I Any purpose not speCified or Included in any other Column of this Section of this Table. I I I I I I I I

'See Clause 21 A 'See Clause 25(2) 'See Clause 25(3) 'See Clause 25(3) tSee Clause 25(1) I Inserted by AM. No. 67 Amended by AM. No. 68 Part 2B . AM . No. 77 Part 3. AM. No. 30. AM. No. 88 Part 2A. AM. No. 115 Part 2A. AM. No. 178. AM. No. 155 Part 2 I

44 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 16 Agriculture Animal Husbandry Adult Sex Book and Caretaker's House Bank Sex Aid RESERVED Home Occupation Cafe Establishment LIGHT Railway Car Park Attached Cluster I INDUSTRIAL Road Commercial DIsplay House ZONE- Tramway Area Cemetery Educational Crematorium Establishment Dangerous Industry Film Studio Detached Cluster Fuel Depot House I Funeral Parlour Detached House FurnIture and Carpet Dog Coursing Track Sales Extracttve Industry Health Centre Flat HnlPI (lpnprAI Hn<;pilAI Industrial Sales' General Industry I Junk Yard Generating Works Ught Industry HospItal for InfectIOUs Major Transmission Diseases Line Institutional Home Major Utility Liquid Fuel Depot Installation Major Sports Ground I Milk Depot Market Minor Sports Ground MIning MInor Utility Motor Vehicle Racing Installation Track Motor Repair Station OffenSIve Industry OffIce Reformattve Institutton I Outdoor RecreatIon Residential BuildIng Park Row House PassIve Recreation Shop (other than Petrol FIlling Stationt specified in Column 4 Place of Assembly of this Section) I Place of Worship Stock Saleyard Plant Nursery - Retail TImber Yard - Poultry Farming Wholesale RacIng Stables RadIO Station RadIO StudIO I Reception Rooms Restaurant Service Premises Store Take-away Food Premises I Television Station TeleVIsion StudIO TImber Yard - Retail Tourist Establishment Warehouse Any purpose not I specifIed or included in any other Column of this Section of this I Table. I I I I I

'See Clause 19 'See Clause 25(3) I tSee Clause 25(2) Amended by AM. No. 2. AM. No. 17. AM. No. 27 Part 2. AM. No. 34 Part 1. AM. No. 57 Part 2. AM. No. 83 Part 2. AM No. 77 Part 3. AM. No. 30. AM. No. 88 Part 2A, I AM. No. 115 Part 2A, AM No 178. AM. No. 1 38 Part 2A.

45 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLU MN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOS E CONDITIONS I Section 17 Agriculture Animal Husbandry Adult Sex Book and Caretaker's House Bank SexAid RESERVED Home Occupation Cafe Establishment GENERAL '" Railway Car Park Attached Cluster INDUSTRIAL Road Extractive Industry' House I ZONE' Tramway Freezing and Cool Cemetery .. Storage Works Crematorium Section 17A Fuel Depot Dangerous Industry Funeral Parlour Detached Cluster RESERVED General Industry House I SPECIAL Generating Works Detached House INDUSTRIAL Health Centre Dog Coursing Track ZONE" Hotel Flat Industrial Sa les" General Hospital Junk Yard Hospital for Infectious Light Industry Diseases I Liquid Fuel Depot Institutional Home M ajor Transmission M arket Line Mining Major Utility Motor Vehicle Racing Installation Track Office Offensive Industry I Outdoor Recreation Reformative Institution Park Residential Building Petrol Filling Stationt Row House Place of Assembly Shop (other than Plant Nursery - Retail specified in Column 4 Poultry Farming of this Section) I Racing Stables Restaurant Service Premises Store Take-away Food Premises I Tourist Establishment Warehouse Any purpose not specified or included in any other Column of this Section of this I Table. I I I I I I I I

' See Clause 19 ' See Clause 25(1) " See Clause 25(3) t See Clause 25(2) I Amended by AM . No. 2. AM. No. 12. AM. No. 17. AM. No. 34 Part 1. AM. No. 35 Part 2. AM. No. 57 Part 2. AM. No. 77 Part 3. AM. No. 30. AM. No. 88 Part 2A. AM. No. 115 Part 2A. AM. No. 178. AM. No. 155 Part 2 I

46 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 17B Agriculture Light Industry Provided that - Animal Husbandry Adult Sex Book and Caretaker's House (a) the site shall not be Film Studio Sex Aid GARDEN Home Occupation less in area than 2 Funeral Parlour Establishment INDUSTRIAL Passive Recreation hectares; Health Centre Attached Cluster I ZONE" Road (b) the tota I floor area Hotel House shall not exceed 20 Malor Transmission Animal Boarding per centum of the Line Establishment area of the site; Milk Depot Boat Sales (c) no bUilding shall Minor Sports Ground Car Sales exceed 2 storeys In Minor Utility Cemetery I height; Installation Crematorium (d) no building or Office Dangerous Industry works (other than Place of Assembly Detached Cluster for the provision of Place 01 Worship HouSll means of access or Radio Station Detached House I for lawns, gardens Radio Studio Dog Coursing Track and improvements Tourist Establishment Extractive Industry ancillary thereto Any purpose not Flat and other than a specified or included Freezing and Cool fence an in any other Column Storage Works advertisement if of this Section of this Fuel Depot I permitted by or Table. General Hosp ital pursuant to this General Industry Ordinance, and Generating Works sewerage, Hospital for InfectiOUs drainage, water Diseases and gas mains, oil Industrial Sales I pipelines, Institutional Home electriCity Junk Yard transmission lines Liquid Fuel Depot operating at a Major Sports Ground voltage of less than Major Utility 220,000 volts and Installation I telephone lines) Market shall be Mining constructed closer Motor Repair Station than - Motor Vehicle Racing (i) 20 metres from Track the site Offensive Industry I frontage; Outdoor Recreation (II) 10 metres from Park any other Panel Beating Works boundary; and Petrol Filling Station (e) all storage of Poultry Farming machinery, Reformative Institution I equipment, ReS idential Building materials or goods Row House takes place within a Shop building. Stock Saleyard Timber Yard - Retail I Timber Yard- Wholesale Transport Depot Any purpose specified In Column 3 of this Section of this Table I If the conditions set forth opposite such purpose are not I complied with. I I I I I 'See Clause 19 I Inserted by AM. No. 68 Part 2A Amended by AM. No. 30, AM. No. 88 Part 2A. AM No. 115 Part 2A, AM. No. 178

47 I (Reprint No. 9) TABLE TO CLAUSE 7 (Continued) I

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITI ONS I Section 18 Bank M echanical Car wash*l Provided that the Amusement Parlour Adult Sex Book and Cafe Store , processes carried on, Car Park Sex Aid COMMERCIAL Caretaker's House Warehouse the materials, goods Flat Establishment AND Consulting Rooms and machinery used Film Studio Attached Cluster INDUSTRIAL Educational and stored and the Fuel Depot House I ZONE* Establishment transportation of Fu neral Parlour Animal Boarding Health Centre materials, goods and Hotel Establishment Home Occupation commodities to and Industrial Sales' Cemetery Passive Recreation from the premises Junk Yard Crematorium Plant Nursery - Retail will not cause injury Major Transmission Dangerous Industry Railway to or prejudicially Line Detached Cluster I Road affect the amenity of Major Utility House Service Industry the locality by reason Installation Detached House Shop (other than a of the emission of M inor Utility Dog Coursing Track Take-away Food noise, vibration, Installation Extractive Industry Premises) smell, fumes, smoke, Office General Hospital Tramway vapour, steam, soot, Petrol Filling Stationt General Industry I ash, dust. waste Place of Assembly Generating Works products, grit or oil, Place of Worsh ip Hospital for Infectious the appearance of the Radio Station Diseases property or Radio Studio Institutional Home otherwise. Restaurant Liquid Fuel Depot Take-away Food M ajor Sports Ground I Premises Mining Te levision Station Offensive Industry Te levision Studio Outdoor Recreation Timber Yard - Retail Pa rk Any purpose not Reformative Institution specified or included Residential Building I in any other Column Row House of this Section of this Any purpose specified Table. in Column 3 of this Section of this Table if the condition or conditions set forth I opposite such purpose are not complied with. I I I I I I I I I

' See Clause 26 oSee Clause 25(4) oSee Clause 25(3) t See Clause 25(2) I Amended by AM . No. 2, AM. No. 17, AM . No. 34 Part 1, AM. No. 34 Part 2, AM. No. 68 Part 2B, AM. No. 30, AM . No. 88 Part 2A, A M. No. 115 Part 2A, AM. No. 178 I

48 (Reprint No. 9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 I COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 19A Caretaker's House Boat Sales' The activities carried Bank Adult Sex Book and Home Occupation Car Sales' out, the vehicles, Cafe Sex Aid SERVICE Plant Nursery - Retail Film Studio materials, goods and Car Park Establishment I BUSINF!'i!'i RililwilY Industrial Sales' } machinery used and Commercial Display Attached Cluster ZONE' Road Service Industry stored and the A'''d Hou::io Tramway transportation of Flat Animal Boarding vehicles, materials, Fuel Depot Establishment goods and Funeral Parlour Dangerous Industry commodities to and Furniture and Carpet Detached Cluster I from the premises Sales House will not cause Injury Hotel Detached House to or prejudiCially light Industry Extractive Industry ilffp,r.llhe amenity of Major Transmission General Hospital the locality by reason Une l:JeneraIIlIUU~l1 y of the emission of Mechanical Car Wash' Generating Works I nOise, vibration, Minor Utility Health Centre smell, fumes, smoke, Installation Hospital for Infectious vapour, steam, soot, Motor Repair Station Diseases ash, dust. waste Office Institutional Home products, grit or oil, Petrol Filling Station:!: liqUid Fuel Depot the appearance of the Place of Assembly Major Sports Ground I property or Place of Worship Major Utility otherwise. Reception Rooms Installation Restaurant Market Shop (where carried on Mining In an existing shop Offensive Industry bUilding) Poultry Farming I Store Private Rubbish TIp Take·away Food Reformative Institution Premises Residential BUilding Transport Depot Row House Warehouse Shop (other than Any purpose not speCified In Column 4 I speCified or included of this Section) In any other Column Stock Saleyard of thiS Section of thiS Timber Yard- Table. Wholesale Tourist Establishment I Any purpose specified in Column 3 of this Section of this Table if the condition or conditions set forth opposite such I purpose are not complied with. I I I I I I I

'See Clause 22B 'See Clause 25(3) 'See Clause 25(4) I j:See Clause 25(2)

Inserted by AM. No. 12 Amended by AM. No. 17, AM. No. 34 Part 1, AM. No. 34 Part 2, AM. No. 35 Part 2, AM. No. 74. AM. No. 21 Part 8A. AM. No. 72 Part 2A, I AM. No. 6B Part 2B, AM. No. 83 Part 2. AM. No. 30, AM. No. 88 Part 2A, AM. No. 178

49 I (Reprint No. 9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 20 Agriculture General Industry Adult Sex Book and Animal Husbandry Health Centre Sex Aid EXTRACTIVE Car Park Light Industry Establishment INDUSTRIAL Caretaker's House Major Sports Ground Attached CI uster I ZONE" Extractive Industry" Major Transmission House Home Occupation Line Dangerous Industry Minor Sports Ground Major Utility Detached Cluster Passive Recreation Installation House Railway Minor Utility Dog Coursing Track Road Installation Flat I Tramway Outdoor Recreation General Hospital Park Generating Works Store Hospital for Infectious Warehouse Diseases Any purpose not Institutional Home specified or included Offensive Industry I in any other Column Reformative Institution of this Section of this Residential Building Table. Row House Shop Stock Saleyard Tourist Establishment I I I I I I I I I I I I "See Clause 19 "See Clause 25(1) I Amended by AM. No. 2. AM. No. 27 Part 2. AM. No. 34 Part 1. AM. No. 30. AM. No. 88 Part 2A. AM. No. 115 Part 2A. AM. No. 178 I

50 (Reprint No. 9) I I TABLE TO CLAUSE 7 (Continued) I COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 21 Abattoir Cafe Adult Sex Book and Agriculture Car Park Sex Aid OFFENSIVE Animal Husbandry Detached House Establishment I IN DUSTRIAL Caretaker's House General Industry Attached Cluster lUN ~' FreezlllY ,HlU Cuul H.,~lIh r,.,nlrA House Storage Works Junk Yard Attendance Centre Home OCcupation light Industry Apartment House OffenSive Industry Major Transmission Cemetery Passive Recreation line Crematorium I Railway Major Utility Dangerous Industry Road Installation Detached Cluster Tramway Minor Sports Ground House Wijrehouse Minor Utility Dog Coursing Track II I~LdlldLiull [ducatlanal I Office Establishment Petrol Filling Statlon:t Extractive Industry Pig Raising Flat Poultry Farming Funeral Parlour Store General Hospital Any purpose not Hospital for Infectious I specified or included Diseases in any other Column Institutional Home of thiS Section of thiS liquid Fuel Depot Table. Major Sports Ground Market Mining I Motor Vehicle Racing Track Outdoor Recreation Park Place of Assembly Place of Worship I Reception Rooms Reformative Institution Residential Building Restaurant Row House Shop I Stock Saleyard Timber Yard - Retail Timber Yard - Wholesale Tourist Establishment Trash and Treasure I Market Youth Welfare Service I I I I I I I I · See Clause 20A :tSee Clause 2512)

Amended by AM. No. 2, AM. No. 17, AM. No. 34 Part 1, AM. No. 34 Part 2, AM. No. 35 Part 2, AM. No. 57 Part 2, AM. No. 83 Part 2, AM. No. 30, AM. No. 88 Part 2A, I AM. No . 115 Part 2A, AM. No. 178, AM. No. 138 Part 2A

51 I (Reprint No. 9 ) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 22 Agriculture Dangerous Industry Provided that no part of Cafe Adult Sex Book and Animal Husbandry any building or works Car Park Sex Aid DANGEROUS Railway (other than a fence) is Caretaker's House Establishment INDUSTRIAL Road constructed nearer to Detached House Attached Cluster I ZONE the boundary of any General Industry (other House Residential or than specified in Apartment House Reserved Living Zone Column 3) Attendance Centre than 30 metres. Junk Yard Cabaret Light Industry (other Cemetery General Industry Provided that - than specified in Crematorium I Light Industry } (a) such industry is Column 3) Detached Cluster ancillary to a Liquid Fuel Depot House dangerous Major Transmission Dog Coursing Track industry; and Line Educational (b) no part of any Major Utility Establ ishment building or works Installation Extractive Industry I (other than a fence) Minor Sports Ground Flat is constructed Minor Utility Freezing and Cool nearer to the Installation Storage Works boundary of any Offensive Industry Funeral Parlour Residential or Office General Hospital Reserved Living Petrol Filling Stationt Generating Works I Zone than 30 Service Premises Health Centre metres. Any purpose not Hospital for Infectious specified or included Diseases in any other Column Hotel of this Section of this Institutional Home Table. Major Sports Ground I Market Mining Motor Vehicle Racing Track Outdoor Recreation Park I Place of Assembly Place of Worsh ip Poultry Farming Primary Produce Store Reception Rooms I Reformative Institution Residential Building Restaurant Row House Shop (other than Service Premises) I Stock Saleyard Store Timber Yard - Retail Timber Yard - Wholesale Tourist Establishment I Trash and Treasure Market Warehouse Youth Welfare Service Any purpose specified in Column 3 of this I Section of this Table if the condition or conditions set forth opposite such purpose are not complied with. I I I I I tSee Clause 25(2) I

Amended by AM. No. 2, AM. No. 17, AM. No. 34 Part 1, AM. No. 34 Part 2, AM. No. 57 Part 2, AM. No. 21 Part 8A, AM. No. 83 Part 2, AM. No. 30, AM. No. 88 Part 2A, AM. No. 115 Part 2A, AM. No. 178 I

52 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 23 Passive Recreation Cafe Adult Sex Book and Port of Melbourne Car Park Sex Aid TRANSPORTATION Authority Purposes Caretaker's House Establishment ZONE Railway Extractive Industry' Attached Cluster I Road Freezing and Cool House Tramway Storage Works Cemetery General Industry Crematorium Generating Works Dangerous Industry Health Centre Detached Cluster I Hotel House Junk Yard Detached House Light Industry Educational Liquid Fuel Depot Establishment Major Transmission Flilt Line General Hospital I Major Utility Hospital for Infectious InstallatIon Diseases Minor Sports Ground Institutional Home Minor Utility Major Sports Ground Installation Market Office Mining I Petrol Filling Stationj: Motor Vehicle Racing Place of Assembly Track Service Premises Offensive Industry Ship Building and Outdoor Recreation Refitting Park Store Poultry Farming I Transport Depot Reformative Institution Warehouse Row House Any purpose not Shop (other than specified or included Service Premises) in any other Column Stock Saleyard of this Section of this Timber Yard - Retail I Table. Tourist Establishment I I I I I I II I I

'See Clause 25(1) I j:See Clause 25(2) I Amended by AM. No.2, AM. No. 17, AM. No. 46, AM. No. 34 Part 1, AM. No. 30, AM. No. 88 Part 2A. AM. No. 115 Part 2A. AM. No. 178

53 I (Reprint No.9) (6 ·ON lU!Jda~) I t9 I I I I I I I I I I I I I I I I I I I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS .--- Section 24 Agriculture Office Provided that the Animal Husbandry Adult Sex Book and Education,,1 purpose is associated Attendance Centre Sex Aid SPt:CIAlUSE Establishmenr with some other use Car Park Establishment ZONE Home Occup:!tion permitted hyor Flat Amusement Parlour I No. l' Institutional Homp. pursuant to this General Hospital Attached Cluster Minor Sports Ground Section of the Table Health Centre House R€'lioinllc;r.nri PAssivp. Rp.r.rP.Ation to Clause 7 of the Hospital for Infectious Boal Sales· Educational Institutions Place of Worship Ordinance. Diseases . L:abaret ana i"flVlIIY :!JPUrl~ 1'\~lIw~y Major Sport, Ground Cl'rS,19r. I \,.rouM~ HRIIOInIl~ Ir'~11II111II1I Mojor Tronomi90ion Comolory Road L.lne Crematorium Iramway Minor Utility O:!ngorouc Industry InSlaliation Detached Cluster OUldoor Recreation House Park Detached House I Place of Assembly Dog Coursing Track R~fQrmlltive Institution EKtroolivo Induclry Residenti:!1 Building Freezing and Cool Yuulll Welfare Service Storage Works Any p u rpooo not (,i,;mor~llndu'try specified or Included Generating Works I in Anynthpr t.ol/lmn Hntfll of this Section of this Industrial Sales Table. Junk Yard Light Industry Liquid Fuel Depot Major Utility I Installation MIIo·ket MillillY Motor Repair Stalion Motor Vehicle Racing Track I Offensive Industry Panel Beating Works Petrol Filling Station Primary Produce Store Private Rubbish Tip Row House I Rural Industry ·c SP.rvir.fllndulitrv Shop ~tuCK ~alllYalll Slnra Timber Yard - Retail I Timber Yard- Wholesale I oUrl91 t:9tabllchmont ,lvarlllluusll Any purpose specified I In Cnillmn:-I ni Ihl~ fip~tinn of thil'\ Tllhlll if the condition or ., conditions set forth uppuslte sucll ~UI~u~e die IIU'" I complied with.

I 0 I .• " I 0 I ~ I I 'See Clause 22C

Amended by AM. No.2, AM. No. 17, AM. No. 27 Part 2, AM. No. 34 Part 1, AM. No. 35 Part 2, AM. No. 49 Part 2, AM. No. 57 Part 2, AM. No. 21 Part SA, I AM. No. 68 Part 2B, AM. No. 83 Part 2, AM. No. 30, AM. No. 88 Part 2A,AM. No. 115 Part 2A, AM. No. 178

55 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMNS I PURPOSE CONDITIONS ... ---.- Section 2!J A!.lli~ullul'\:1 Animsiliusbanul v Auult Sex Book and Carataker'c HouGe Cafe ~p"Airt SPECIAL U(;t: Greyhound Keepinll Car Park [stablishlllelit 70NI: Homo Oooupation Major ~ports Ground Alld~lll:1u CIU~1er I Nn' Minor Sportc Ground M,nor UtIlity I louse P~G!)ivc Recreation Installation CemeterY RHr"~Ollr~"i .md ~how RQoooour~e Motor Vehicle nllcing C,I:1I1I11tulium l:irounns l1.cing Stabilli Tracy. D~n!lc.l'ou~ II IJ ... ~l! Y Hallway f'lace 01 Assembly Detached Cluster Road Hestaurant House I Show Ground Any purpose not Detached House Tramway specified or included Extractive Industry Veterinary Surgery in any other Column Flat 01 th,s Section of this Freezing and Cool Table. Storage Works General Hospital I GcnerallnduMry Generating Works Hospital for Infectious Diseases Institutional Home Junk Yard I 0 Light Industry Liquid Fuel Depot Major Transmission Lino Major Utility Installation I Market 0 MillillY Qffvm;ivil IndlJr.try Petrol FillinQ Station Poultry Farming Primary producl! ~tore I Private Rubbish Tip Reformative Institution nc.~ide:llti,,1 OuiluillY Row House RLJrallndustry I ::;toc~ 3dh:~ydl d Store Timber Yard - Retail Timber Yard - Wholesale Tourist Establishment I IMarllhouill I , I I I I

" I I I

Amended by AM. No.2. AM. No. 17. AM. No. 27 Part 2. AM. No. 34 Part 1. AM. No. 35 Part 2. AM. No. 21 Part 8A. AM. No. 30. AM. No. 88 Part 2A. AM. No.1 04 Part 2A. AM. No. 178 I

tiE; (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

I,.ULUIVl1ll3 I COlUMN 1 r:OIIJMN 2 ~ COLUMN 4 CULUMN!:i PURPOSe CONDITIONS Section 26 Agriculture Flat Adult Sex Book and Caretaker's House Greyhound Keeping Scx/\id SPECIAL USE Detached House Major Transmission Establishment ZONE Home Occupation Line Boat Sales I N~,3 Minor Sports Ground Minor Utility Cabaret PaGsivc Recro:ltion Installation CarPark Training Stables Pensioner RelatIve Unit Veterinary Surgery Car Sales Racing Stables Any purpose not Cemetery Railway specified or included Crematorium I " Road in any other Column Dangerous Industry Tramway of this Section of this Dog Coursing Track Table. EducatIonal FSlithlishmp.nt Extractive Industry Freezing a'nd Cool I Storage Works General Hospital General Industry Generating Works Health Centre Hospital for Infectious I Diseases Hotel Industrial Sales Junk Yard Light Industry Liquid Fuel Depot I Major Utility Installation Market Mining Motor Vehicle Racing Track I Offensive Industry Office Outdoor Rocroation Park PRnpl Rpitlino Wnrks Potrol Filling Station I ptldw uf A"'''''''IIIJly rlDCe ot Wor~hlp . Poultry Farming Primary Produce Store Privitlp. Rllhhish Tin nr.r.r.!'Itinn Rnnmn I Roformativo In£litution Residential Building Row House Rural Industry Snop I Slnr.k Sitlp.vitrn Slnrp. Thlluel 1,'GIU - nclail Timber Yard- Whnlp.SitIp. 0 Tourist Establishment I , Witrp.hnllsp. I I I .1 , I I

Amended by AM. No.2, AM. No. 17, AM. No. 34 Part 1, AM. No. 57 Part 2, AM. No. 21 Part 8A, AM. No. 68 Part 2B, AM. No. 83 Part 2, AM. No. 30, 'I AM. No. 88 Part 2A, AM. No.1 04 Part 2A, AM. No. 115 Part 2A, AM. No. 178

co 57 I (Heprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 ,. COLUMN 1 COLUMN 2 COLUMN 4 COLUMN fi I PURPOSE CONDITIONS

Section 27 Car~take(s House Boat Sales" Adult Sex Book and Home Occupation Car Park Sex Aid SPECIAL USE Passive Recreation Minor Snnrt!; C1rOllnri Fc;.ttlhli.;:hmAnt lONe nu"ll Minor Utility Attached Cluster I No.5 Installation House Place of Assembly Animal Boarding Boat Building Small Bnal Bllilrling F~'atolii"m9nt and Refitting Animal Hospital Y~chtClub Cabaret c' , I\ny purpose not Dany",uus ImJustry I specified or included Detached Clusler in any othor Column House Of m,s ~ection ot this Detached House Table. Frfll""tional 0 lia!nhli~"lTIont c 0 Extractive Industry I o Flat " 0 Frp.p.7ino 'Iml Cool !'\Inrngll Wnrh , General ffUSllihli C;enp.rilllnrirr~lry 0 Gonorating Works I " , Health Centre Hospital for Infectious , 0 0 Diseases " Hotel Institutional Home Junk Yard I , , ~ Light Induotry (olner than 5malll:!oai 0 [3uillllrry

0 , 0 I

0

0 I ,

" C' I I

0" '.0 "See CloLl6e 25(3) 0 I Amended by AM. No.2. AM. No. 34 Part 1. AM. No. 21 Part 8A. AM No. 68 Part 2B, AM. NQ. 30. AM. No. 88 Part 'JAc AM Nn 11!'i p"rt ?~. ~~,n !\Jo, 17i I

58 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

qJLUMN:;j COLUMN 1 GOLUMN2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONG - -.. ~- liCC'!i{ri) ':U UUIII\ Li!;!IIlI,"Ju"" y PIUvhJl!llll'dl lilt! CClit! AOIJI! ::,ex t:SOOk ar'lO Caretaker's House Store provisions of Clause Car Park Sel(Aid SPt::CIALUSE . Home Occupation Warehouse } 24A are complied Educational Establishment ZONE Major Utility with. Establishment Attached Cluster I No.6" Installation General Industry House Minor Utility Health Centre Cemetery Arts Centre Installation Hotel Crematorium lU(;dlily Offlct! Industrial ::>ales 9 Uan~erO\l$ Indvstrv Passive Hecreatlon Petrol Filling Station:t Detached Cluster Plant Nursery - Retail Place of Assembly House I Railway Place of Worship Detached House Road Radio Station Dog Coursing Track Shop Radio Studio Extractive Industry Tramway Reception Rooms Flat Restaurant General Hospital Television Station Generating Works I Television Studio Hospital for Infectious Any purpose not Diseases specified or included Institutional Home in any other Column Junk Yard of this Section of this Liquid Fuel Depot I Table. Major Sports Ground Major Transmission Lino MIning Offcnsivc Industry Poultry Farming Racing Stables I Reformative Institution RC3idcntioi [luildini.l Any purpose specified in Column 3 of this Section of this Table I if the condition or conditions set forth Opposile sllch purponc ore not r.omnliflrl with I , I " I I I , I I 0 I I

"See Clause 24(1) "See Clause 25(3) I :tSee Clause 25(2) I Amended by AM. No.2. AM. No. 17. AM. No. 34 Part 1. AM. No. 68 Part 28. AM. No. 83 Part 2. AM. No. 30. AM. No. 88 Part 2A, AM. No. 178

59 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN" COLUMN 6 runrO!J[ CONDITIONS I Section 29 Agriculture Abattoir Adult Sex Book and Animal Husbandry Bank Sex Aid SPECIAL USE Home Occupation Car Park Establishment ZONE Passive Recreation Caretaker's House Amusement Parlour No.7" Railway Detached House Cemetery I Rn~ri Frp.p.7ino Ann r.nnl r.rp.mAtorilim Stock Saleyards and Storage Works Dangerous Industry Abattoirs (Derrimut) General Industry Dog Coursing Track

0 Health Centre Educational light Industry Establishment Major Iitility FIAt I InGtaliation Gonoral i-focpital MII'inr ~por'l~ hr(\lil"l r,Al'IAl'lit,,,o Wrifk~ MillUI Utility Hus~it"l fur hlftlctiuus Inctaliation Oi&ea&e& Offensive Industry Institutional Home I Office liquid Fuel Depot Petrol rillinQ Gtlltiont Mlljor Gpons Ground Shop Market (other than Stock Saleyard Stock Saleyard) Star", Mini!,!) Warehouse Motor Vehicle Haclng I Any purpose not Track specified or included Outdoor Recreation In any other Column Park , of thiD Seotion of thiD Plooe of WorDhip 0 Table. Reformative Institution F:\esidential Building I Row I louse Timber Yard - Retail Timber Yard- Wholesale Tourist Establishment " I a I I

" I 0 I I

0 I I I I

'See Clause 24(2) tSee Clause 25(2) 0 I Amended by AM. No. 34 Part 1. AM. No. 88 Pan 2A. AM. No.1 D4 Part 2A. AM. No. 115 Part 2A. AM. No. 178 I

60 tneprint No. 91 I I TABLE TO CLAUSE 7 (Continued) . - COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN!) I r.ONDITIONS PllRPOSF Section 29A Awir.llltllrp. Provided Ih(ll - Bank Any purpose not Animal Husbandry c.",",,'"Horse Stables "%;d'"",} (a) the layoul of such Minor Utility specified in any SPECIAL USE Home Occupation Office buildings and Installation Column of this ZONE Passive Recreation Restaurant works, associated Road Section of this Table. I No.7A Btock Saleyard landscaping, car Any purpose specified parkin~, access and in Column 3 of thi~ Stook f\aloyarrln' norn~~ wn'f~ tn nnri Po/'Ninn nf Ihi, Tnnl/'" from and within the if the condition or sIte shall be to the condItIons set forth I satisfaction of the opposite such responsible purpose are not authority; complied with. (b) provision shall be made for connection to I reticulated water supply services and disposal of sewage and sullage wastes to the satisfaction of the responsible I authority; (c) not more than" one Caretaker's Residence is constructed on the site; I (d) the sale of livestock shall be confined to horses; 1",1 ~ny nMI~oor~nt !lhall bo oporated only when the I Stock Saleyard IS open fer business; and (f) the floor area of any Office shall not exceed 900 sq ua re I metres. I I I I I

I " I I

·See Clause 24(2A) I 0 I Inserted by AM. No. 165 Amended by AM. No. 179

61 I (Reprint No, 9) TABLE TO CLAUSE 7 (CulIlirlUtlLI)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS , I

Section 30 nuad B;mk Ariliit SPlC HOOk and Tramway Car Park Sex Aid SPECIAL USE" Caretaker's House Establishment ZONE Consulting Rooms Animal Boarding I, No.S" Frtllf,,:;:uinn::ll Fstablishment Establishment Animal Hospital Shrine Flat Boat Sales Locality General Hospital CarSales ~ Health Centre Dangerous Industry Seetion30A Home Occupation Dog Coursing Track Hotel Extractive Industry I SPECIAL USE Office Freezing and Cool ZONE PR!=;~ivp. Rp.r.rp.Rtinn $Ior"!le Worki No. SAt Place of Assembly General Industry Place of Worship Generating Works Shrine Residential Building HOSpital for Intechous I I ,.u.J4f!iW .4.IIV,",U'~."II ... l [)i.",,~u~ specified or included Institutional Home in any other Column Junk Yard of this Section of this Light Industry Table. I. i'l"in FII"I nppnl ~~~r~Qt I~ Major Sports Ground Major Transmission Line Major Utility Installation Motor Repair Station I Offonoivc Indu3try Pallel Beating Works Petrol Filling Station rrimllly r,.oouw Stu,,, Private Rubbish Tip nurellndu5try I Store Timber Yard- Retail Timber Yard- Wholesale Tourist Establishment Warehouse I a I I 0 I 0 I I

0 0 I

Q I I 0

'G~ C16u~ 24(31 tSee ClauiIl24(3A)

Amended by AM. NOb i, AM. No. 12, AM. No. 17, AM: No. 34 P"r! 1, AM. No, 49 Part 2, AM, No, 57 Part 2, AM, No, 21 Part SA. AM. Nn, fiR Pilrt 'R AM. No. 115 Part 2A, AM. No. 178

!I I~

62 \ (Reprint No.9) I TABLE TO CLAUSE 7 (Continued)

COLUMNJ I COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS . ~ Section 31 Bank Adult Sex Book and Car Park ~exAld SPECIAL USE Caretaker's House Establishment I ZONE Educational Animal Boarding No.9 Establishment Establishment Flat Animal Hospital Civic Centre General Hospital Cemetery Broadmeadows Health Centre Crematorium Home Occupation D~ngcrous Industry I Hotel Dog Coursing Track Major Sports Ground Extractive Industry Market - Retail Freezing and Cool Minor £porto Cround Clorogo Worlu Minor Utility General Industry Installation Generating Works I Office Hospital for Infectious Passive Recreation Diseases Petrol Filling Stationt Institutional Home Place of Assembly Junk Yard Place of Worship light Industry (other Road than Service I Service Industry Industry) Chop liquid rloel De~l Any purpose not Major Transmission specified or included Line in any other Column Major Utility of this Section of this Installation I Table. Mining Offensive Industry Panel Beating Works Primary Produce Store Private Rubbish Tip Racing Stables I Reformative Institution Rural Industry Stock Saleyard Store Timber Yard - Retail I Timber Yard- Wholesale Touriot Eotobliohmont I Warehouse I I , I I I I I I I tSee Clause 25(2) I Amended by AM. No.2. AM. No. 17. AM. No. 34 Part 1. AM. No. 57 Part 2. AM. No. 21 Part 8A. AM. No. 88 Part 2A. AM. No. 178

63 I (Reprint No.9) I lABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMNS I PURPOSE CONDITIONS

Soction 31 A Agriculturo H1Hl~ Auull StlX Bwl<. dl IU 1.IVII:I.P.l11tH 0 Ct;ll~ltJ"'t::::I·.)lluu,j" Gcx/\id SPECIAL USE Passive Recreation Car Park I:slablrshment ZONE Railway Consulting Rooms Animal Boarding I No.9A Tramway Educational Establishment Establishment Animal Hospital C";ivir. rJnri Rllsinp.C:;5 Flat Cemetery Contra" Hotel Crematorrum Major Sports Ground Dangerous Industry Market - Hetail Dog COurSin!! TraeR I Mechanical CarWasht Extractive Industry Minor Sport3 Ground Freezing and Ceel MiMrUtilllY Storage Works Installation General Hospital Office GonerallnduGtry Petrol Filling Station" Hospital for Infectious I Place of Worship Diseases Reception Rooms Institutional Home Road Junk Yard Shop Light Industry (other , Any purpose not than Service specified or included Industry) I in any other Column Liquid Fuel Depot " of this Section of this Major Utility Table. Installation Minina " Offensive Industry Panel Beating Works Primary Produce Store Private Rubbish Tip 0 Racin!! Stables Reformative Institution Rural Industry Stock Saleyard Store , I I

> I

I I

I

"See Clause 24(38) tl:iee t.:lause 2b(41 "Soo Clauco 26(21 Inserted by AM. No. 65 Amended by AM. No. 21 Part 8A. AM. No. 83 Part 2. AM. No. 88 Part 2A. AM. No. 115 Part 2A. AM. No. 178 I

64 (neprint No.9) I TABLE TO CLAUSE 7 (Continuod)

COLUMN 3 I COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 32 Caretaker's House Bank Provided provisions for Cafe Adult Sex Book and Passive Recreation Consulting Rooms off-street parking is Car Park Sex Aid SPECIAL USE Road Office } made either in the Educational Establishment I ZONE Tramway ratio of 1 car space to Establishment Animal Boarding No.10 each 90 square General Hospital Establishment metres of floor area Health Centre Dangerous Industry Offices so used or intended Home Occupation Dog Coursing Track to be used within the Hotel -- Extractive Industry building. on the land Minor Utility General Industry I or in such other ratio Installation Generating Works as the responsible Mechanical Car Wash" Hospital for Infectious authority may permit. Petrol Filling Stationt Diseases Place of Assembly Institutional Home Place of Worship Junk Yard Restaurant Light Industry (other I ~ervlce Industry than Service Service Premises Industry) Veterinary Surgery Liquid Fuel Depot Any purpose not Major Transmission specified or included Line in any other Column Market I of this Section of this Offensive Industry Table. Panol BO:ltinSj Worll(; Poultry Farming Primarv Prnr111r.p. Slnrp. Privllte nubbish Tii,) RlIrino S,"hlp. I Reformative Institution Rural Industry Shop (other than Service Premises or a Cafe) Store I Timber Yard - Retail Timber Yard- Wholesale Any purpose specified in Column 3 of this I Section of this Table if the condition or conditions set forth 0llllushlJ suet! purpose are not I complied with. I I I I I I I

"See Clause 25(4) I tSee Clause 25(2) I Amended by AM. No.2. AM. No. 17. AM. No, 34 Pan 1. AM. No. 34 Pan 2. AM. No. 57 Pan 2, AM. No. 21 Pan 8A, AM. No. 88 Pan 2A. AM. No. 178

65 I IRoDrin1 No, it) I TABLE TO CLAUSE 7lCnntinllfld)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Sect,on 33 Bank Adult Sex Book and r.ArPArk Sp.xAiri SPECIAL USE Coneulting Roome Eetablichmont ZONE Detached Hou3e Dan!lerOU3lndustry I Nu. ". e:<.Iu(;dliulldl DUll CUUI ~i114 TI ,Il:k [:'ldUli:,IIIIIt=lll EJll1 d~liv" II1<.1u~l1 y Monash University Flat General Hospital Locality Health Centre General Industry LlQIlllndUSlry Generilltng WorkS Minor Sports Ground Hospital for Infectious I Minor Utility Diseases Installation Junk Yard Residential Building Liquid Fuel Depot Service Industry Major Transmission Zervice Premises Line Any purpose not Major Utility I specified or included Installation in any other Column Motor RepAir StAlion of this Section of this Offensive Industry Table. Outdoor Recreation Park I, Panel Beating Worki PrimAry Prnrh Ir.P ~Inrp Private Rubbiih Tip Store Timber Yard - Retail Timber Yard- Wholesale I Warehouse I I I

0

" I I I I I I ·See Clause 24(6) I

Amended by AM. No. 21 Part 8A. AM. No. 115 Part 2A. AM. No. 178 I

66 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 I COLUMN 1 c:OLUMN2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section 34 Agriculture Animal Husbandry Any purpose not Passive Recreation Art Gallery - Retail specified in any SPECIAL USE Road Bank Column of this ZONE Boating Marina Section of this Table. I Cafe No. 12" Caretaker's House Tourist Facilities Car Park Educational Cstablishment I Home Occupation Hnlp.1 Minor Sports Ground Minor Utility Installation Motel I Petrol Filling Station" Place of Assembly Place of Worship Plant Nursery - Retail Reception Rooms Restaurant I Rural Recreation Service Premises 3hu~ (lUI thtn;ale ur Gifts, Handcrafts and Produce) Show Ground I I ourist Establishment I I I

I I I I ., I I I "See Clause 24(6A) "See Clause 25(2)

Im,erted byAM. No.3 Part lA I

67 I (Reprint No.9) 1 TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 t:OLUMN4 COl liMN !'i PIIRP()SF CONDITIONS I

Seetion34A Passive Recreation Apartmel1t Housll' Auult SeA Doo~ and Road Bank' Sex Aid O:PF(~141 II~r TIf1(flv'VIl',' '·~tp" Establishment ZONE Car Park' AIlilll,,1 Boalllil1Y No.13 Car Sales' Establishment .1 (prnviriP.Ci motor Animal Hospital SI. Kilda Road, vehicles are displayed Animal Husbandry S!.Kllaa Ofl!Y within ~ h"ilriino) n,tngP.rol1s Inriustry Consulting Rooms' Extractive Industry Detachlld Hou.e' Fr"p.7ino ;Inri r.nol Fril1c:ational StoraQe Works I Eotoblichmont' G4in4irallntj~'itry '1 flit' r,p.np.rflting Works General Hospital> Hospital lor Inlectlous Health Centre' Diseases Home OCCl!p~tinn· Inrill"triRI Salp." I Hotel' Junk Yard InstrtutiOnal Home' Light II111usuy Minor Sports Ground' liqUid I-uel Uepot Motel' Major Sports Ground NUII·RIl~iu"nlial Club" Mlljor Tron9mi33ion Office" Line I Place of Assembl( Major Utility Pld"llurWu,~I,ilJ In!toliolron Residential Building" Mining Restaurant' MOlor RIlIl"il Sldliull Shop' orrllll~ivll II ,uu~l' v Any porpose not Panel Beating Works I ip4icified or inrh 'rillrl Po"ltry FRrming in any other Column Racing Stables of this Section of this Reformative Institution Table" Stock Saleyard Timber Yard- wliOlesale I Tr3ncport Dliput I I , I

0 I I I I I

~ . • , ... Cia,,..;' ?(?, I I Inserted by AM. No. 45 Amended by AM. No. 88 Part 2A, AM. No. 115 Part 2A, AM. No. 178 I is (neprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 35 I\Wiculture I\ny purpose not Provided that the Abattoir Home Occupation specified or included purpose is permitted Aerodrome LOCAL Passive Recreation in any other Column by or pursuant to an Cemetery AUTHORITY Railway of this Section of this approved planning Crematorium I DEVELOPMENT Road Table. scheme or interim Dangerous Industry ZONE" Tramway development order Motor Vehicle Racing made by the Council Track of the municipality in Offensive Industry which the land is Any purpose specified situated or an Order in Column 3 of this I made by the Section of this Table Governor in Council if the condition or pursuant to Section conditions set forth 32(5) of the Act. opposite such purpose are 110t I complied with. I I I I I I

I I I I I I tSClCl CIIII,/IICl1 GD Inserted by AM. No.3 Part 1A I

69 I (Reprint No.9) p. ,77:, ';.:f' I I ; l TABLE TO CLAUSE 7 (Continued) . 'rJ '. f.1

--~ . COLUMN 3 I COLUMN 4 COLUMN 5 COLUMN 1 COLUMN 2 PURPOSE CONDITIONS

Section 36A Afforestation Agriculture } No detached house Aerodrome Any purpose not Apiary Animal Husbandry shall be erected Animal Boarding specified in any GENERAL Home Occupation unless in accordance Establishment Column of this I FARMING Minor Utility with the condition Animal Hospital Section of this Table. "AU ZONE' Installation applicable thereto as Caretakers House Any purpose specified Passive Recreation set forth in this Dog Breeding in Column 3 of this Pensioner Relative Unit Column. Dog Coursing Track Section of this Table Railway Educational if the condition or Road Detached House The site comprises not Establishment conditions set forth I less than 40 hectares General Hospital oPPOsite such or an allotment Golf Course purpose are not created pursuant to Greyhound Keel'ing complied with. the provisions of sub- Greyhound Training r.lillI~P. 7thl or 211\ of Health Centre Clause 20C or Hospital for Infectious I permission shall Diseases have been granted Institutional Home pursuant to Clause Major Sports Ground 11 A or if prior to the Major Transmission 10th day of January, Line I 1979 the site was Major Utility comprised in land Installation subdivided during the Milk Depot operation of an Mining approved planning Minor Sports Ground scheme and in Open-Air Cinema accordance with the Pig Raising I Place of Assembly provisions thereof or of a permit granted Place of Worship thereunder and could Plant Nursery - Retail then lawfully be used Poultry Farming for the purpose of a Primary Produce Store detached house. Private Rubbish Tip Racecourse Flat The flat forms portion Racing Stables of or is added to a Radio Station detached house and Reformative Institution not more than two Research Centre I flats are thereby Rural Industry created. Rural Recreation Show Ground Soil Removal Television Station I Tourist Establishment I I I I I I I

'See Clause 11 A and I 20C I Inserted by AM. No. 21 Part 8A Amended by AM. No. 109 , AM. No. 88 Part 2A, AM. No. 104 Part 2A, AM. No. 1 20 Part 3A

71 I (Reprint No.9) I TABLE TO CLAUSE 7 (Continued) COLUMN 3 I COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS

Section37A Apiary Agriculture } No detached house Afforestation Any purpose not PassIve Recreation Animal Husbandry shall be erected Caretaker's House specified in any INTENSIVE Pensioner Relative Unit unless in accordance Educational Column of this AGRICULTURE Railway with the condition Establishment Section of this Table. I "A"ZONE* Road applicable thereto as Home Occupation Any purpose specified set forth in this Major Transmission in Column 3 of this Column. Line Section of this Table Minor Sports Ground if the condition or Detached House The site comprises not Minor Utility conditions set forth less than 8 hectares Installation opposite such I or an allotment Place of Assembly purpose are not created pursuant to Place of Worship complied with. the provisions of sub- Plant Nursery - Retail clause (2)(b) or (2Xf) Primary Produce Store of Clause 20C or Research Centre Rural Industry I permission shall have been granted pursuant to Clause 1 1A or if prior to the 10th day of January, 1 979 the site was I comprised in land subdivided during the operation of an approved planning scheme and in accordance with the I provisions thereof or of a permit granted thereunder and could then lawfu lIy be used for the purpose of a detached house. I Flat The flat forms portion of or is added to a detached house and not more than two flats are thereby I created. I I I I I I I I I

'See Clauses 11 A and 20C I Inserted by AM. No. 21 Part 8AAmended by AM. No. 109, AM. No. 1 20 Part 3A I

72 (Reprint No, 9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 I COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section3SA Afforestation Extractive Industry No alteration of the ApIary Any purpose not Agriculture natural condItion or Caretaker's House specified in any SPECIAL Animal Husbandry topography of the Golf Course Column of this I EXTRACTIVE Passive RecreatIOn land (other than Greyhound Keeping Section of this Table. " A " ZONE" Road alterations for Greyhound Training Any purpose specIfied dnveways, drains or Home Occupation in Column 3 of this landscaping for tree Major Sports Ground SectIon of this Table planting or Major Transmission if the condition or beautification line conditions set forth I purposes) shall be MaJorUtJIity opposite such made closer than 20 InstallatIon purpose are not metres to the MinIng compiled with. boundary of any land MInI-Motor Cycle Track not inrilJrl ..rl in " Minor SflOrts Ground Special Extractive Minor Utility I "A " Zone. Installation Outdoor Recreation Park Pig Raising Place of Assembly Plant Nursery - Retail I Poultry Farming Private Rubbish Tip Racing Stables Railway Rural Recreation I Soil Removal I I I I I I I I I I I ' See Clause 25(4A) I Inserted by AM . No. 21 Part SA Amended by AM. No. 1 04 Part 2Ao AM. No. 11 5 Part 2Ao AM. No. 120 Part 3A

73 I (Reprint No. 9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 4 I COLUMN 2 COLUMN 5 PURPOSE CONDITIONS Section 39A Afforestation Agriculture } No detached house Aerodrome Any purpose not Apiary Animal Husbandry shall be erected Animal Boarding specified in any LANDSCAPE Passive Recreation unless In accordance Establishment Column of this INTEREST Pensioner Relative Unit with the condition Animal Hospital Section of this Table. I "A" ZONE' Road applicable thereto as Caretaker's House Any purpose specified set forth in this Dog Breeding in Column 3 of this Column. Educational Section of this Table Establishment if the condition or Detached House The site comprises not General Hospital conditions set forth less than 8 hectares Golf Course opposite such I or an allotment Greyhound Keeping purpose a re not created pursuant to Greyhound Training complied with. the provisions of sub- Health Centre clause (2)(b) or (2Xf) Home Occupation of Clause 20C or Hospital for Infectious permission shall Diseases I have been granted Institutional Home pursuant to Clause Major Transmission 11 A or if prior to the line 10th day of January, Major Utility 1979 the site was Installation comprised in land Minor Sports Ground subdivided during the Minor Utility operation of an Installation approved planning Pig Raising scheme and in Place of Assembly accordance with the Place of Worship I provisions thereof or Poultry Farming of a permit granted Primary Produce Store thereunder and could Private Rubbish Tip then lawfully be used Racir'g Stables for the purpose of a Radio Station detached house. Reformative Institution I Research Centre Flat The flat forms portion Rural Industry of or is added to a Rural Recreation detached house and Soil Removal not more than two Television Station flats are thereby I created. I I I I I I I I

'See Clauses 11 A, 11C and 20C I Inserted by AM. No. 21 Part 8AAmended by AM. No. 109, AM. No. 88 Part 2A, AM. No. 104 Part 2A, AM. No. 120 Part 3A I

74 (Reprint No.9) I I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 I COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 PURPOSE CONDITIONS Section40A Apiary Agriculture No detached house Afforestation Any purpose not Pensioner Relative Unit shall be erected Animal Husbandry specified in any CONSERVATION Road unless in accordance Caretaker's House Column of this I "A"ZONE* with the condition Home Occupation Section of this Table. applicable thereto as Minor Sports Ground Any purpose specified set forth in this Minor Utility in Column 3 of this Column. Installation Section of this Table Passive Recreation if the condition or Detached House The site comprises not Soil Removal conditions set forth I less than 40 hectares opposite such or an allotment purpose are not create'; 'lursuant to complied with. the prov'is;:>ns of sub- ~I~u~" (2)(b) or (2Xf) of Cia use 20C or I permission shall have been granted pursuant to Clause 11 A or if priorto the 10th day of January, I 1 979 the site was comprised in land subdivided during the operation of an approved planning scheme and in accordance with the I provisions thereof or of a permit granted thereunder and could then lawfully be used for the purpose of a I detached house. Flat The flat forms portion of or is added to a detached house and not more than two I flats are thereby created. I I I I I I I I

oSee Clauses 11 A, I 11Cand 20C I Inserted by AM. No. 21 Part SA Amended by AM. No. 109 , AM. No. 120 Part 3A

75 I (Reprint No, 9) I TABLE TO CLAUSE 7 (Continued)

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 I PURPOSE CONDITIONS Section 43 Bee Keeping Flat Provided it forms Afforestation Any purpose not Passive Recreation portion of or is added Agriculture specified in any SPECIAL Pensioner Relative Unit to a detached house Detached House Column of this CONSERVATION the site of which is Home Occupation Section of this Table. ZONE' Institutional Home I not less than 1 Any purpose specified hectare and not more Minor Sports Ground in Column 3 of this than two flats are Minor Utility Section of this Table thereby created. Installation if the condition or Road conditions set forth opposite such I purpose are not complied with. I I I I I I I I I I I I I 'See Clause 20B I

Inserted by AM. No. 21 Part 4 Amended by AM. No. 120 Part 3A I

76 (Reprint No. 9) I I

8. For the purpose of each of Clause 7, Clause 14 and Clause 33 of this Ordinance land shall be deemed to lawful use of land have been used immediately before the approval date hereof - before the approval date I (a) in the case of unused land, for the purpose for which it was last lawfully used within fifteen months prior to such date; (b) in the case of land upon which immediately before such date any building or works was or were lawfully being constructed, for the purpose for which such building or works was or I were being constructed; (c) in the case of land in respect of which a contract for the construction of any buildings or works which could lawfully have been constructed was entered into prior to such date, for I the purpose for which such building or works was or were to be constructed; (d) in the case of land in respect of which a permit has been granted by the responsible Amended by authority pursuant to this Planning Scheme or any Interim Development Order previously AM. No. 27 Part 2 made by it and such perm it has continued to be of force and effect for the purpose specified I in such permit; and (e) in the case of land in respect of which the responsible authority has subject to the fulfilment Amended by of any condition or conditions agreed to grant pursuant to this Planning Scheme or any AM. No. 27 Part 2 Interim Development Order previously made by the responsible authority, a permit for use I of such land for a specified purpose, for such purpose provided that such condition or conditions shall have been fulfilled within the period specified at the time of agreement or if no such period be specified within twelve months of such agreement.

I 9. Notwithstanding anything to the contrary in this Ordinance the responsible authority may permit land Historic Buildings located in any zone to be used for the purpose of a general hospital, institutional home, office, reception Inse rted by AM. No. 88 Part 2A rooms, residential building or restaurant when a building on such land has been proclaimed a I Designated Building within the meaning of the Historic Buildings Act 1974. In determining whether or not such permission should be given or what conditions, if any, should be imposed, the responsible authority shall have regard to the orderly and proper planning of the zone including - I (a) the effect of the use on the amenity of the area; (b) the views of the Historic Buildings Preservation Council; (c) the necessity for the provision of accommodation for off-street loading, unloading and parking of vehicles in addition to the provisions of Clause 27 and Clause 28; I (d) the viability of the existing use.

10. Notwithstanding the conditions specified in Column 3 of Section 1 of the Table to Clause 7 hereof, land Rural Zone ­ I within a Rural Zone may be used for the purpose of a detached house - detached house (a) if on the 1 st day of April, 1956 such land was comprised in a separate tenement of not more Amended by AM. No. 2 than 10 hectares in area which has since with the permission of the responsible authority (if such permission was then required) been subdivided into allotments, each of which has I an area of not less than 1.5 hectares and a frontage of not less than 76 metres or if irregular in shape is capable of containing a rectangle, the area of which is not less than 1 hectare and the least side of which is not less than 76 metres and has a frontage of not less than 60 metres but so that - I (i) if such tenement was not less than 7 .5 hectares in area it shall not have been subdivided into more than four allotments; (ii) if such tenement was not less than 5 hectares in area it shall not have been I subdivided into more than three allotments; and (iii) if such tenement was not less than 3 hectares in area it shall not have been subdivided into more than two allotments; (b) if on the 1 st day of April, 1956 such land was comprised in a separate tenement of not less I than 1.1 hectares in area upon which was erected a detached house and such tenement has since been subdivided into two allotments one of which (being that on which the said detached house is situate) is not less than the minimum area for a residential lot prescribed by any municipal by-law or in the absence of any such by-law not less than 0 .1 hectare in I area and the other of which is not less than 1 hectare in area and such land is comprised in either of such allotments; (c) if such land was included in a tenement which on the 1 st day of April, 1956 had an area of not less than 4 hectares and comprised only one detached house and being the only land I having an area of less than 2 hectares subsequently excised from such tenement constituted the site of a detached house intended for the accommodation for a member of the family of the owner of such tenement; and (d) if on the 1 st day of April, 1956 such land consisted of one or more allotments shown on a I plan of subdivision lodged with the Office of Titles and such allotment or allotments at the I

77 I (Reprint No. 9) " I 1O. (d) Cont'd ... / said date existed as a separate tenement and the responsible authority having regard to the primary purpose for which the land is zoned, the orderly and proper planning of the zone and the preservation of the amenity of the neighbourhood has granted permission forthe use of I such land for the purpose of a detached house.

Rural Zone - use of 11. Notwithstanding anything to the contrary in this Ordinance any land situate in a Rural Zone which site existing as immediately before the 22nd day of May, 1968 existed as a separate tenement may with the I separate tenement before 22/5/68 permission of the responsible authority be used for the purpose of a detached house, a residential Amended by building, an educational establishment or an institutional home notwithstanding that the area of such AM. No.lO. . tenement be less than that described in Column 3 of Section 1 of the Table to Clause 7 hereof. AM. No. 17 'I Non-urban detached 11 A. (1) Notwithstanding anything to the contrary in this Ordinance any land situate in a zone described in house dispensations any of Sections 1 C, 36A. 37 A. 39A and 40A of the Table to Clause 7 may with the permission of Substituted by AM. No.3 Part 1 A the responsible authority be used for the purpose of a detached house if - (a) on the 1 st day of December, 1971, I (i) the land could have been used for such purpose by or under an approved interim development order, (ii) . the land having an area of not less than one quarter of the area specified in the 'I condition set forth opposite the purpose in Column 3 of the said Table comprised an allotment shown on a plan of subdivision approved by the Registrar of Titles or a Crown Allotment or part thereof or a Crown Portion or part thereof, - Amended by (iii) the land (not being land within the municipal district of the Shire of Whittle sea as lies I AM. No. 109 more than a distance of 24.14 kilometres from the post office situate at the corner of Bourke Street and Elizabeth Street in the City of Melbourne) comprised one or more allotments shown on a plan of subdivision approved by the Registrar of Titles or a Crown Allotment or Crown Allotments or part thereof or a Crown Portion or part I thereof and was on such date and has since continued to subsist as a separate tenement provided that such separate tenement shall be deemed to continue to so exist where the area thereof is increased, (iv) the land consisted of one or more allotments shown on a plan of subdivision approved I. by the Registrar of Titles or a Crown Allotment or Crown Allotments or part thereof or Crown Portion or part thereof"on none of which allotment, Crown Allotment or part thereof or Crown Portion or part thereof was erected a detached house and the land was comprised in a separate tenement having an area of not less than 8 hectares and I which tenement contained only one detached house but so that not more than two dwelling houses may be erected upon the land comprised in the separate tenement on the said 1 st day of December, 1971, I, (v) the land on which no detached house is erected was comprised in a separate tenement having an area of not less than 8 hectares on which only one detached house was erected and consists of one of two allotments into which the responsible authority has concurrently with the permit granted hereunder, permitted pursuant to Clause 20C(2)(c) hereof the land to be subdivided, I Amended by (b) on the 23rd day of April, 1969, the land being land within the municipal district of the Shire AM. No. 109 of Whittlesea as lies more than a distance of 24.14 kilometres from the post office situate at the corner of Bourke Street and Elizabeth Street in the City of Melbourne comprised one or more allotments shown on a plan of subdivision approved by the Registrar of Ti,tles or a I Crown Allotment or Crown Allotments or part thereof or a Crown Portion or part thereof and was on such date and has since continued to subsist as a separate tenement provided that such separate tenement shall be deemed to continue to so exist where the area thereof is increased. I

Inserted by (c) the land is within a municipality specified in Column 1 and is described in Column 2 of the AM. No. 200 Table to this paragraph. I I I I I

78 (Reprint No.9) I I TABLE TO PARAGRAPH (C) OF SUB-CLAUSE (1) OF CLAUSE 11 A ~------COLUMN 1 COLUMN 2 I Municipality Land Description Bulla Crown Allotments 63, 64, 65, 67, 68, 74, 78, 79, 80, 82, 83, 84, 85, 86, 87, 89, 90, 91, 92, 93 and 98, Township of The Gap, Parish of Buttlejork; and that part of Lot 2 Lodged Plan Number 59070 within the Township of I The Gap, Parish of Buttlejork. I

/ I I (2) Notwithstanding anything to the contrary in this Ordinance any land being not less than 8 hectares in area and situate in a zone described in any of Sections 1 C, 36A, 37 A and 39A of the Table to Clause 7 upon which on the 1 st day of December, 1971, a detached house was erected I may with the permission of the responsible authority be used for the purpose of a second detached house but such permission shall in addition to any other conditions be subject to the following conditions - (a) the area of the land shall not be reduced, I (b) the second detached house shall be occupied by a person engaged in carrying out the purpose for which the land is used at the date the permit is granted. (3) In determining whether or not any permission pursuant to sub-clauses (1) or (2) hereof should be granted or what conditions (if any) are to be imposed if such permission be granted the responsible authority shall have regard to - (i) the primary purpose for which the land is zoned, (ii) the orderly and proper planning of the relevant zone, I (iii) the preservation of the amenity of the neighbourhood, (iv) the capability of the land to accommodate the proposed development without detriment to the natural physical features or resources of the area including without affecting the I, generality of the foregoing the capacity of the soils and the water in the area to absorb wastes, (v) whether excision of any land permitted by or pursuant to any planning scheme or interim development order has prior to the 1 st day of December, 1971, occurred in respect of the I tenement under consideration. 11 B. In the application of the respective conditions specified in Column 3 of Sections 1 C, 36A, 37 A. 39A and Acquisition or 40A of the Table to Clause 7 the excision of any land (whether by transfer or however otherwise) from purchase of land by a public authority - any allotment or allotments by reason of the purchase or acquisition of such land by a public authority effect on areas I Inserted by AM. No. 21 or municipal council in the exercise of powers conferred by statute shall be disregarded. Part 8A

11 C. (1) Every area to which either of the descriptions hereinafter contained applies is HEREBY SPECIFIED Native vegetation as beiny uf natural beauty or interest or of importance that is to say: - control - specified I area (a) An area compriSing a Conservation "A" Zone, or Inserted by AM. No. 21 Part 8A (b) An area comprising so much of a Landscape Interest "A" Zone as lies within 20 metres of the common boundary of that area and of a road used or available for use by the general I public or within 20 metres from the nearest bank of a river creek or watercourse and within any area so specified no native vegetation shall be destroyed, felled, lopped, ring­ barked or uprooted save with the permission of the responsible authority or in accordance with a I notice given pursuant to the Forest Act 1958, Country Fire Authority Act 1958, or the Local Government Act 1958. In determining whether or not such permission should be granted and whether, if permission be granted what (if any) conditions should be imposed the responsible authority shall have regard to the conservation and enhancement of the area so specified. 'I (2) No permiSSion shall be required pursuant to sub-clause (1) hereof if the native vegetation was cleared prior to the 1 st day of December, 1971, or with the consent of the responsible authority' since that date and the land has since been used for the purpose of agriculture or animal I husbandry or for the transmission of water, sewage, electricity, gas or the like. I 79 (Reprint No.9) Residential "0" .1 (1) Notwithstanding the condition specified in Column 3 of Section 7 of the Table to Clause 7 hereof. Zone - detached 12. house and subdivision land within a Residential "0" Zone may be used for the purpose of a detached house - Substituted by AM. No. 36 Part 1 B (a) if on the 13th day of August. 1975 such land consisted of one or more allotments on a plan Amended by of subdivision approved by the Registrar of Titles or consisted of a Crown Allotment or AM. No. 57 Part 2, I AM. No. 91 Part 2, Allotments as shown on aPari;;h Plan; AM. No. 143 Part 3 (b) if being within the municipal district of Frankston the land is not less than 0.26 hectare and has a frontage of not less than 24 metres and if irregular in shape. 'has a frontage of not less than 18 metres and is capable of containing a rectangle the area of which is not less than I 1625 square metres and the least side of which is not less than 24 metres. (2) Land within a Residential "0" Zone shall not be subdivided into allotments unless the responsible authority shall have granted permission therefore in accordance with a plan of subdivision submitted to and approved by the responsible authority. I In determining whether or not permission to subdivide such land shall be granted and if permission is to be granted what condition or conditions should be imposed the responsible authority shall have regard to - I (a) the existing use and possible future development of such land and of contiguous or adjacent lands; (b) the orderly and proper planning of the zone; (c) the amenity of the neigt')bourhood; (d) the effect of development of the land upon the use or development of other land (whether contiguous adjacent or not) which has a common meCJns of natural or artificial drainage; (e) the impact on the environment; I (f) the provision of the following services that is to say water. sewerage. drainage. electricity and gas; and (g) the area and dimensions of each allotment comprised in the subdivision. (3) For'the purpose of sub-paragraph (f) of sub-clause (2) hereof but without in anyway restricting the I power of the responsible authority to impose such conditions as it may think fit when granting any permit for the subdivision of land pursuant to sub-clause (2) hereof a service shall be deemed to be provided if the responsible authority is satisfied that such service will be available for extension to I,. each allotment comprised in the subdivision at the date a permit for the subdivision is granted or within the period specified in a condition in the permit which provides for the lapse of the permit unless the use or development authorised thereby is commenced within such period. (4) The responsible authority shall not grant a permit pursuant to sub-clause (2) hereof unless I either - (a) the responsible authority is satisfied that connection to a reticulated sewerage system is or will. at the time the allotments are likely to be occupied. be available to the proposed allotments; or I (b) where such a system will not be available at the time the allotments are likely to be occupied. the responsible authority. after consultation with each drainage or sewerage. authority (other than the responsible authority itself) having any powers or duties in respect " · of the land. is satisfied that arrangements have been or will be made which will ensure that I no sewage. sullage or effluent generated on any of the allotments to be created shall be discharged or escape with detrimental effect into the drainage system serving the land or onto any other land. ·1 Use of land where 13. (1) Where the boundary of an allotment on a plan of subdivision sealed with the seal of a municipality zone boundary and pursuant to the requirements of Section 5698 of the Local Government Act 1958 or any title boundary do not coincide corresponding previous enactment and approved by the Registrar ofTities priorto the 22nd day of Substitutedby May. 1968. does not coincide with the common boundary of any zones (not including land I AM. No. 35 Part 2 Amended by reserved under Part III hereof) as coloured and delineated on the Planning Scheme Map and the AM. No. 62 Part 2, allotment is located in such zones. the responsible authority may grant permission for the whole AM. No. 72 Part 2A, AM:No.104Part2A of the land contained within the allotment to be used for any purpose for which part thereof may in conformity with Part II of the Planning Scheme be used. I (2) Notwithstanding the provision of sub-clause (1) hereof where the boundary of any land does not I coincide with the common boundary of a Stream and Floodway Zone and any other zone (not . including land reserved under Part '" hereof) as coloured and delineated in the Planning Scheme Map the responsible authority may grant permission for that part of the land in the Stream and ·Floodway Zone to be used for any purpose which any part located in such other zone may in I conformity with Part II of the Planning Scheme be used. I I 80 (Reprint No, 9) I I Division 1 A - Residential Standards

13A.(1) Unless otherwise indicated in this Ordinance and subject to the provisions of Division 3B hereof Application of the this Division shall applyonlyto land situate within a Township "A"Zone, a Residential "A" Zone, a Residential Standards I Inserted by AM. No. 30 Residential "B" Zone, a Residential"C" Zone, a Residential"D" Zone, a Reserved Living Zone, or a Amended by Special Use Zone No.3 upon which, subject to Clause 8 hereof, the construction of a building is AM. No. 120Part3A. AM.No.151 commenced after the approval date.

(2) The provisions contained in this Division are intended to ensure that the use and development of Objectives land for the purpose of an apartment house, flats or residential building will attain the following objectives: - I (a) Each habitable room shall receive an adequate supply of daylight; (b) Occupants of any building shall enjoy reasonable privacy from overlooking and protection from noise both from within and without the site; (c) Buildings shall be designed and located so that they do not unduly prejudice the daylight or I· privacy available to any adjoining land and which is used or could be used for residential purposes; (d) Sufficient outdoor area shall be provided to allow for the amenity and reasonable I recreational needs of the occupants of any building and for landscaping. 138. For the purposes of this Division - Interpretations Inserted by AM. No. 30 (a) "Axis Line" means: I (i) in the application of a "B" series Permissible Height Indicator to a block plan so much of the line constituting a boundary when not abutting on a street or when so abutting the centre line of the street or a line parallel to the boundary and 7.6 metres therefrom (whichever be the lesser distance from the boundary)from which a line drawn at right I angles thereto or (as the circumstances may require) at right angles to the tangent thereof will touch a building shown on the block plan but so that along any such line as aforesaid there may be established more than one axis line; and (ii) in the application of a "D" series Permissible Height Indicator to a block plan: I (a) the line on such block plan representing at ground level the extreme outer surface of a wall (containing a habitable room' window) of a building; or (b) the line on such block plan representing at ground level the projection of the extreme outer surface of a wall (containing a habitable room window) of a I building. (b) "Mean Ground Lever means one half ofthe sum of the highest and the lowest levels established (using the datum required by Clause 13C hereof) along I (i) an axis line; (ii) a boundary; or (iii) a line representing at ground level (whether or not so occurring) the extreme outer , surface of a wall of a building. (c) "Permissible Building Height" in relation to any part of an external wall of a building means the maximum height to which that part of such wall may in conformity with this Ordinance be constructed. I (d) An external wall of a building or a window in such wall shall be deemed to face or be facing any other external wall or windowof the same building or any other building (whether or not on the same site) when that wall or window is parallel to or at an angle of less than 90 degrp.p.s to such other wall or window. I (e) In determining the minimum distance or the minimum horizontal distance account shall only be taken of eaves, chimneys and other structural projections which project more than 300 millimetres from or beyond the wall of the building and (excluding eaves) extend along I the wall for a distance which exceeds one quarter of the length of such wall. 13(. Where land is propo?ed to be used for the purpose of an apartment house, flats or residential building Development plan Inserted by AM. No. 30 before any building or works are constructed on such land a development plan shall be lodged with the Amended by responsible authority and such development plan shall comprise - AM. No. 151 I (a) a block plan drawn to the scale of 1 :200 which shall - (i) show the boundaries and dimensions of the site; (ii) show adjoining streets; I (iii) show relevant ground levels; (iv) show the layout of every proposed and of every existing building intended to be retained including the siting of all walls shown on the drawings described in I paragraph (b) hereof; I

81 I (Reprint No.9) 13(. (a) Confd ... I (v) show all footpaths being or to be part of the amenity area and any footpath not comprised therein; (vi) show all driveways and the provision for the accommodation of stationary vehicles; I (vii) specify a datum from which the level of any point necessary for the purposes of this Division may be established (which datum may be a level recorded by a public 1/. authority or a muniCipal councilor may be a level established by the applicant within the site) and where such datum is situated within the site it shall be marked in some permanent manner so as to be available for inspection at any time; (viii) show adjacent to each axis line used in the application of an indicator the mean ground level thereof; and I (ix) show proposed landscaping features; (b) drawings to a scale of not less than 1: 100 showing the elevations of every building; and (c) a layout plan drawn to a scale of not 'Iess than 1: 100 showing the dimensions of all rooms contained in every building and the purposes for which such rooms are to be used. I

Apartment house, 13D. Save where an election is made in terms of Clause 131 hereof the height of any part of an external flats, residential building - building wall of a building to be used for the purpose of an apartment house, flats or residential building height control (other than a garage, carport or outbuilding the average height of which is not more than 3.0 I Inserted by AM. No. 30 metres and no part of which exceeds a height of 3.6 metres above the ground) shall not exceed the permissible building height as determined in accordance with Clauses 13E and 13F hereof.

Permissible Height 13E. (1) The permissible building height of any part of any wall of a building shall be determined by the I Indicators Inserted by AM. No. 30 application of an indicator or indicators as herein provided. -(2) There shall be two series of Indicators, namely, the "8" Series Permissible Height Indicators and the "D" Series Permissible Height Indicators. I I

I I I I I

82 (Reprint No.9) I I 13E. Cont'd ... (3) The "8" Series Permissible Height Indicators shall be constructed on a transparent material to a ,I h~rizontal scale of 1 :200 in accordance with the figur'es and specifications set out hereunder - I , B SERIES PERMISSIBLE HEIGHT INDICATOR

I I ' L I

I N

I p . FIGURE B 1 p FIGURE B2 I I

I M I I-' I I N

p FIGURE B3 p FIGURE B4 I SPECIFICATION

< I - FIGURES 81 82 83 84

ANGLES KPL & MPN 2So 2So 2So 2So

ANGLE LPM 6So 4So 30° 20° I 0 ANGLES LPA,APB,BPC,CPO,DPX,XPE,EPF,FPG,GPH,HPM 6'So 4.5 3'0° 2'0° I DISTANCE BETWEEN CONSECUTIVE ARCS 0'S3Sm 0'68Sm 0'935m l'420m I

83 I (Reprint No, 9), ,I 13E. Cont'd ... (4) The "D" Series Permissible Height Indicators shall be constructed on transparent material to a horizontal scale of 1 :200 in accordance with the figures and specifications set out hereunder :.. I . 0 SERIES PERMISSIBLE HEIGHT INDICATOR I M

M I I

K N K N I

p FIGURE 01 p FIGURE 02 -'I J "I I' I,

I.~ I K N K N I

p FIGURE 03 p FIGURE 04 SPECIFICATION I , FIGURES , / I 01 02 03 04

ANGLES KPL & MPN 45· 45· 45· 45°

ANGLE LPM / 45· 35° 25· 20° 0 0 0 I ANGLES lPA.APB.BPC.CPD.DPX.XPE.EPF.FPG.GPH.HPM 4'5 3'5 2'5 2'0° DISTANCE B'ETWEEN CONSECUTIVE ARCS "070m "370m "870m 2'840m I I 84 (Reprint No.9) I 13E. Cont'd ... I (5) An Indicator shall consist of ten sectors each of which shall be obtained from one or more of the four figures comprised in the same Series of Permissible Height Indicators and when such sectors are comprised within the Indicator a sector may be but shall not be required to be contiguous with I another sector. (6) An Indicator shall be applied to a block plan by placing Point P on the axis line and with such point constituting the axis so moving the Indicator through the site as shown on the block plan that each of the wing lines KP and PN of the Indicator in turn falls on or touches the respective part of the I axis line (or extension thereof as the case may be) nearest thereto.

13F. (1) If on the application of an Indicator to a block plan from any point on an axis line any part of a wall of Application of a building as shown on such plan falls within a sector of the Indicator the permissible building Permissible Height Indicator I height of that part of such wall in relation to the axis line on which the Indicator is applied shall be Insert ed by AM. No. 30 established by reference to the scale of heights applicable to such sector as increased (where requisite) pursuant to sub-clause (2) hereof. (2) In the application of a "0" Series Permissible Height Indicator, where a wall which at ground level I constitutes an axis line contains at least one window of a habitable room there shall be added to the height obtained pursuant to sub-clause (1) hereof the difference between the floor level ofthe storey containing such a window which is nearest the axis line and the mean ground level I established of such axis line. (3) Where the permissible building height of any part of any wall of a building shown on a block plan is determined in relation to more than one axis line then if there be any difference in the heights severally determined the lesser height shall be and be deemed to be the permissible building height for the purpose of this ~ivision .

13G.ln determining whether the height of any part of a wall (including any fascia or parapet thereof) as Determination of the shown on a block plan comprised in a development plan does not exceed the permissible building height of a wall Inserted by AM. No. 30 I height such first mentioned height shall be deemed to equal the measurement of the difference between the level of such part of the wall and the mean ground level of the axis line (both determined from the datum specified in the block plan) after (as the circumstances require) - (a) there is added to the measurement of such difference one half of the measurement of the I difference between the level of the part of such a wall and the level of the ridge of a roof having a pitch in excess of 45 degrees which is supported by the wall at such part; (b) there is subtracted from the measurement of such difference one half of the measurement of the difference between the level of the ridge of a roof over a gable and the level of that I point of the wall (not comprised within the gable) nearest to such ridge.

13H. Where any wall as shown on a block plan of any apartment house, flat or residential building does not Walls without contain any windows of a habitable room, such wall shall be so constructed that the minimum habitable room windows - minimum I horizontal distance between that wall and any other wall (not being part of the same apartment, horizontal distance dwelling or lodging room) on the same land is obtained using the following formula - Inse rted by AM. No. 30 , 0= 1.5 + H1 ; H2 where 0 = minimum horizontal distance in metres at any level between the said walls; and H1andH2 = respective building heights in metres at the highest point of the walls; I except (i) where two walls which are not to contain a window of a habitable room form part of the same building and are to face each other and are to abut a third wall which is to contain a window of a habitable room the minimUln horizontal distuncc between the former Willis I shall not be less than half of their combined lengths at the floor level of the storey containing such a window; and (ii) where two walls containing no windows to a habitable room and forming part of the same I building are facing each other and abut a third wall containing no such windows, no minimum horizontal distance shall be required.

131. (1) Where application is made for a permit to use land for the purpose of an apartment house, flats or Two storey residential building and no building is or will be of more than 2 storeys (excluding a basement) the buildings - formula I option applicant may elect that the provisions of sub-clause (3) of this Clause shall apply in place of the Insert ed by AM. No. 30 provisions of Clauses 130 to 13H inclusive ofthis Ordinance and where such election is made the application for a permit shall be accompanied by a development plan in conformity with the I requirements set forth in Clause 13C. (2) Subject to the substitution for the words "the mean ground level of the axis line" contained in I Clause 13G of either (as the cir:: umstances require) - I 85 I (Reprint No.9) 131. (2) Cont'd ... I (a) "the mean ground level of a boundary"; or (b) "the mean ground level of a line representing at ground level (whether or not so occurring) the extreme outer surface of a wall of a building"; . I such clause shall be applied in the establishment ofthe building height of a wall for the purpose of sub-clause (3) hereof. (3) Where the applicant elects that the provisions of this sub-clause shall apply, but not otherwise - I (a) the minimum horizontal distance from a boundary at which a wall of a building (other than a garage, carport or outbuilding the average height of which is not more than 3.0 metres and no part of which exceeds a he.ight of 3.6 metres above the ground) may be constructed shall be ootained using the following formula - ' I 0= 1.5 + ~ where 0 = minimum horizontal distance in metres of a wall of a building from a boundary; and I H= building height in metres of the hightest point of the wall. (b) No wall containing a window of a habitable room shall be constructed so that it is facing another wall (whether or not of the same building)' on the same land unless the minimum I horizontal distance between such walls is obtained using the following formula - D=3+H where 0 = minimum horizontal distance at any level between the walls in metres; and I H= the building height in metres of the highest point of the higher wall. (c) Where any wall is not to contain any windows of a habitable room, such wall shall be so constructed that the minimum horizontal distance between that wall-and any other wall I that does not or will not contain a window of a habitable room (not being part of the same apartment, dwelling 01' lodging room) on the same land is obtained using the following formula - 0= 1.5 + Hl ; H2

where 0 = minimum horizontal distance in metres at any level between the walls; and Hl and H2 = respective building heights in metres of the highest point of the walls. I Provided that notwithstanding anything contained in this Clause - (i) where two walls which are not to contain a window of a habitable room form part of the same building and are to face each other and are to abut a third wall which is to , contain a window of a habitable room; the minimum horizontal distance between the former walls shall be not less than half their combined lengths at the floor level of the storey containing such window; and

(ii) where two walls which are not to contain a window of a habitable room form part of. I.~, the same building are to face each other and are to abut a third wall that is tocontain no windows of a habitable room no minimum horizontal distance shall be required. (d) In determining the minimum horizontal distance under either paragraphs (a), (b) or (c) hereof measurement shall be taken from the nearest part of any wall of a building to the I boundary and the nearest part of a wall to the nearest part of another wall whether or not such nearest part of a building or wall (as the case may be) be in the form of a projection therefrom provided however that in respect of a building of 2 storeys or less any balcony shall be disregarded if- I. (i) in a wall the aggregate length of any balconies which serve a particular floor level does not or will not exceed half the length of such floor level of such wall; (ii) the width of the balcony (measured from the wall to the part of the balcony furthest I therefrom) does not or will not exceed 1.0 metre; and (iii) the balcony does not or will not extend beyond 25 per centum of the rninimum horizontal distance from the boundary if determined from the nearest part of the building to the nearest boundary or beyond 12.5 per centum of the minimum I horizontal distance from another wall on the same land if determined from the part of each wall. nearest to the nearest part of the other wall. Privacy provisions 13J. (1) Notwithstanding anything hereinbefore contained but subject to sub-clause (3) hereof the Insened by AM. No. 30 development as shown on the development plan lodged with the responsible authority pursuant Amended by AM. No. 120 Pan 3A. to Clause 13C hereof for the use of land forthe purpose of an apartment house, flats or residential AM. No. 151 building shall comply with the following additional requirements - I

86 (Reprint No.9) I II 13J. (1) Cont'd ... (a) No building (other than a garage, carport or outbuilding the average height of which is not I more than 3.0 metres and no part of which exceeds a height of 3.6 metres above the ground) shall be constructed closer to any boundary (not being a frontage) than 1.5 metres where it is to be a single storey building or closer than 2.4 metres where the building is to be of 2 storeys or more (in each case excluding a basement). I (b) No balcony shall be so constructed that - (i) it extends beyond 25 per centum of the minimum horizontal distance from the nearest boundary when determined from the nearest .part of the building to the boundary or beyond 12.5 per centum of the minimum distance from another wall on I the same land when determined from the part of each wall nearest to the nearest part of the other wall; (ii) it is within 8.5 mAtres of any other balcony in the same or another building whether or not on the same land except where the view from one balcony to the oLilt:lr is 'I permanently obstructed by a screen; (iii) it is within 8.5 metres of a window of a habitable room of another apartment, dwelling or lodging room in the same or another building whether or not on the same land except where the view therefrom is permanently obstructed by a screen situate not I less than 3.0 metres from the said window. (c) No access whether internal or external shall be provided to that part of a roof area any part of which is within 1.8 metres of any boundary of the land. I (d) No car space, access lane, driveway, footpath, balcony, or access way whether at ground level or not provided for the use of the occupants of more than one apartment, dwelling or lodging room shall be so situated that it is within 3.0 metres(measured in a straight line) of a window of a habitable room and within sight of such window if the sill thereof is less than I 1.7 metres above the level of the said car space, access lane, driveway, footpath, balcony or access way. (e) No car space, access lane, or driveway when provided adjacent to an apartment, dwelling or lodging room and for the exclusive use of the occupant thereof shall be so situated as to be I within 1.5 metres (measured in a straight line) of a window of a habitable room and within sight of such window if the sill thereof is less than 1.7 metres above the level ofthe said car space, access lane or driveway. (f) No car space, access lane, driveway, footpath or balcony provided for the use of the I occupants of more than one apartment, dwelling or lodging room shall be so situated that it is within 1.5 metres (measured in a straight line) of an external doorway to any apartment, dwelling or lodging room and located so as to be within sight of such doorway. (g) No wall which contains a window of a habitable room shall be so situated that it is facing a I window of another habitable room not being comprised in the same apartment, dwelling or lodging room (whether or not on the same land) unless - (i) the shortest line joining any part of such window to any part of such other window I has a length not less than - (a) 8.5 metres where such line subtends an angle of more than 50 degrees (measured in either the horizontal or vertical plane) tothe plane of either one of the windows; . I (b) 4.5 metres where such line subtends an angle of 50 degrees or less(measured in either the horizontal or vertical plane) to the plane of either one of the windows; or I (ii) the sill of either window is not less than 1.7 metres above the floor level; or (iii) the view between the windows is permanently obstructed by a screen provided that no such screen shall be situate less than 3.0 metres from any window to a habitable room or exceed 2.0 metres in height. I (h) No garage, carport or out-building shall be so constructed that any wall or any part thereof. which is to face the window of a habitable room in any building or any building in the course of construction whether or not on the same land is within 3.0 metres of that window. I (2) Subject only to any permit granted pursuant to sub-clause (3) hereof no land shall be developed for the purpose of being used for the purpose of an apartment house, flats or residential building otherwise than in conformity with the development plan lodged with the responsible authority pursuant to Clause 13C hereof. I (3) The responsible authority may permit land to be used for the purpose of an apartment house, flats or residential building, although the provisions of sub-clause (1) hereof are not complied with if it is satisfied that upon completion of the proposed building or works the amenity of the land in I respect of which the permit is sought and of the adjacent land will be adequately protected having I

87 I (Reprint No.9) ------I 13J. (3) Cont'd ... regard to the relevant objectilies set out in Clause 13A (2) with particular reference to the effect of noise and the effect on privacy. I Amenity area 13K. (1) On any land used forthe purpose of an apartment house, flats or residential building there shall be requirements provided thereon amenity area which shall be calculated in accordance with the provisions of sub­ Inserted by AM. No. 30 clause (2) hereof and shall comply with the requirements of the Table to this Clause. I (2) The amenity area to be provided on any land shall be obtained using the following formula - A = (L + 8) - D where I A = Amenity area L = Area of the site 8 = Are~ (if any) comprising - I (i) roof top recreation areas accessible to the occupants and which comply with the minimum area and dimensions specified for amenity area provided above ground level in the Table to this Clause; (ii) so much of the ground surface as lies beneath any projecting portion of a building provided I that - (a) the minimum clearance between ground level and the lowest part of the projection is 2.4 metres; (b) the land comprises part of an area having a minimum dimension of 2.4 metres; and I (c) the area of such ground surface has been included in the calculation of the area of land upon or over which "buildings are or will be constructed; (iii) any private balcony that complies with the minimum area and dimension specified for I amenity area provided above ground level in the Table to this Clause. D = Area comprising so much of the land - (i) upon or over which any building is or will be constructed; I (ii) as is provided for car spaces, access lanes and driveways and for footpaths (exceeding 1.0 metre in width); (iii) as is provided for outdoor storage and for garbage receptacles; (iv) the surface of which is or will be paved (other than land specified in paragraph (ii) hereof); I (v) as consists of any other area at ground level having a minimum dimension of less than that specified in the Table to this Clause. (3) Where a roof is or will be directly constructed over any part of the land which is set aside for the I. accommodation of stationary vehicles or any access thereto so much ofthe surface of such roof as is- (a) provided for the use and enjoyment of the occupiers of the building or buildings on the land; I (b) not accessible to motor vehicles; and (e) has a minimum area of 100 square metres, shall for the purposes of the Table to this Clause be deemed to be provided at ground level. I TABLE TO CLAUSE 13K Minimum total provision of amenity area (a) Area obtained when calculated at the rate of 10.0 square metres for each apartment house, flat, or residential building plus 10.0 square metres for each habitable I room within all 'buildings on the land, or (b) one-third of the area of the site, whichever is the greater. I Minimum provision of amenity area at Area not less than: ground level (i) 50 per centum of the area specified in paragraph (a) of this Table for the minimum total provision of amenity area, or I (ii) one-third of the area of the site, whichever is the greater. Minimum dimension of each component An area that will contain a square the sides of which have a I of amenity area at ground level minimum length of 2.5·metres, except that no more than 10 per centum of the amenity area at ground level may have a minimum dimension of 1.0 metre where such forms part of an area of not less than 5.0 square metres. I Minimum area and dimensions of each 6.0 square metres provided that such area shall contain a component of amenity area provided square with sides having a minimum length of 2.0 metres. above ground level I

88 (Reprint No.9) I I 13L (1) Notwithstanding anything hereinbefor~ contained the responsible authority may, subject to the Provision for variation of minimum I provisions contained in this Clause, permit land to be used for the purpose of an apartment house, standards flats or residential building although any of the provisions contained in Clauses 13D to 13H Inserted by AM .. No. 30 I (inclusive) or Clause 13K are not complied with . . .(2) The responsible authority shall not grant a permit pursuant to sub-clause (1) hereof unless it has determined that upon the completion of the construction and carrying out of the proposed building I and works the amenity of the land in respect of which the permit is sought and of the land adjacent thereto will not be significantly less than that which would have resulted had the applicable provisions of this Ordinance been observed, and prior to reaching such a determination the responsible authority shall have regard to - I (a) the objectives ~et out in Clause 13A (2); and (b) where the responsible authority is the council of a municipality under a delegation by the Melbourne and Metropolitan Board of Works made pursuant to Section 58 of the Act the views ot the said I::loaro. (3) Should the responsible authority determine to grant a permit pursuant to sub-clause (1) hereof it may, when modifying or dispensing with the observance of any of the requirements imposed by any of Clauses 13D to 13H (inclusive) or Clause 13K of this Ordinance impose any conditions in I addition to or more stringent than the requirements of this Ordinance. I I

I I I I I I I I I I

89 I (Reprint No.9) Division 2 - Non-conforming Use of Land

I 14. (1) Subject to the provisions hereinafter appearing in this Division and in Division 3 of this Part, Continuation of where immediately before the approval date any land was lawfully used for any purpose specified Column 5 use established before or included in Column 5 of any Section of the Table to Clause 7 of the Ordinance, such land may approval date continue to be used or be used (as the case may be) for that purpose provided always - I (a) that the amenity of the locality is not prejudicially affected or further prejudicially affected by any change or alteration in the method or conduct of any activity or activities carried on or by the substitution therefor of any other activity or activities; (b) that where such purpose was the carrying on of any activity or activities comprised in the I term "general industry" such activity or activities shall not be changed to any other activity or activities without permission of the responsible authority and that such other activity or activities shall not be r.ilrried on otherwise than in accordance with any condition or I conditions to which such permission is subject; (c) that whether or not such purpose was the carrying on of a general industry no building. or Substituted by works (other than a fence) shall be constructed without the permission in writing of the AM. No. 17 responsible authority and that any such construction shaJI not be carried out otherwise than I in accordance with any condition or conditions to which such permission is subject; and (d) that any conditions or restrictions to which the use of the land for such purpose was subject immediately before the approval date continue to be observed. . The permission for the change of any such activity or activities as aforesaid or to the construction Amended by I of any such building or works may be refused if in the opinion of the responsible authority the use AM. No. 17 of the land thereafter is likely to prejudice the proper development of the zone having regard to the primary purposes thereof or is likely to cause injury to or prejudicially affect the amenity of the neighbourhood or to increase any injury to or prejudicial affection of the neighbourhood, I including, without limiting the gpnerality of the foregoing, injury or prejudiCial affection due to the emission of noise, vibration, sr.lell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, waste water or waste products. Any such permission may be granted subject to such condition or conditions as the responsible authority having regard to the preservation of the amenity of the I neighbourhood and to the primary purpose for which the land is zoned may then impose. (2) Subject to the permission of the responsible authority land which adjoins and immediately before Amended by AM. No.lO. the 22nd day of May, 1968 was in the same ownership as any land which at such date was AM. No. 17 I lawfully used for any purpose specified or included in Column 5 of any Section of the Table to Clause 7 of the Ordinance may be used for any purpose for which such last mentioned land may pursuant to this Clause be used.

(3) Where pursuant to paragraphs (1) and (2) hereof land is used for a purpose specified in Column 5 Amended by I of any Section of the Table to Clause 7 of the Ordinance, the responsible authority if satisfied that AM. No. 10 the use of such land for any other purpose specified in Column 5 of the said Table is less detrimental to the amenity of the neighbourhood than the existing use ofthe land, may, subjectto such conditions as it may then impose, grant permission for the use of such land for such other I purpose and subject to the observance and performance of any condition imposed by the responsible authority the use of the land for the purpose for which any such permission of the responsible authority has been given shall be deemed to be the continuation of the use to which I such land was put immediately before the approval date. (4) The use of any land for any'purpose permitted by or under paragraphs (1), (2) and (3) hereof shall not extend to any buildings or works situate or standing on such land other than buildings or works I which have been lawfully erected, constructed or carried out. 15. Should any land to which Clause 14 of this Ordinance applies be subdivided and sold in separate Subdivision of land parcels, only such parcels of land upon which immediately before the 22nd day of May, 1968 there used for a non· conforming use existed substantial buildings or works or upon which with the permission of the responsible authority Amended by any enlargement or extension of a building or works had been carried out may in pursuance of the said AM. No.l0. I AM. No. 17 Clause continue to be used for a purpose not conforming with the provisions of the Planning Scheme ..

16. Should any land to which the provisions of Clause 14 of this Ordinance apply other than by reason of Use of land after the actual reconstruction of any buildings or.works thereon cease to be used for the purpose for which cessation of prior I non-conforming use such land was used on the date such provisions first applied and be not used for that purpose for a Amended by period of fifteen consecutive months such larid shall be used only in conformity with the provisions of AM. No. 10. AM. No. 35 Part 2 I the Planning Scheme. 17. Should any building or works situate on any landtowhichthe provisions of Clause 140fthe Ordinance Use of reconstructed applies be so damaged or destroyed that fifty per centum of the floor area of the building or of the area buildings Amended by occupied by the works can no longer unless the buildings or works be reconstructed be used for the AM. No. 10. .1 purpose for which it was used immediately before the approval date hereof, such land can be used only AM. No. 17 I

91 I (Reprint No.9) I 17. Cont'd ... in conformity with the. provisions of the Planning Scheme unless the responsible authority shall, . subject to such conditions as it may impose, grant permission for the use of such land for a purpose not I in conformity with such provisions.

Clause 18 deleted by 18 * * * '* * * * * * * * * * * * * * * * * * * * * * * * ~ * AM. No. 57 Pan 2 • I ·1 I I I I· I I I

I I I I I I I

92 (Reprint No.9) I Division 3 - Provisions as to Certain Zones and Uses

19. (1) Land within a Rural Zone a Stream and FloodwayZone a Reserved Living Zone a Reserved Light Subdivision in non­ I urban and reserved Industrial Zone a Reserved General Industrial Zone a Reserved Special Industrial Zone a Garden zones Industrial Zone an Extractive Industrial Zone or a Township "A" Zone shall not be subdivided into Substituted by allotments unless the responsible authority shall have granted permission for the subdivision of AM. No. 17 Amended by I such land in accordance with a plan of subdivision submitted to and approved by the responsible AM. No. 68 Part 2A. authority. AM. No. 97, AM. No. 70 Part4A, (2) In determining whether or not permission to subdivide such land shall be granted and if AM. No. 109, AM. No.1 04 Part 2A, permission is to be granted what condition or conditions should be imposed the responsible AM. No. 115 Part 2A I authority with respect to - (a) Land in a Reserved Living Zone a Reserved Light Industrial Zone a Reserved General Industrial ZUlle a Reserved SpeciLlllndustrial Zone a G;:mlE:m Industrial Zone an Extractive I Industrial Zone or a Township "A" Zone shall have regard to - (i) the existing use and possible future development of such land and of contiguous or adjacent lands; (ii) the orderly and proper planning of the zone; I (iii) the amenity of the neighbourhood; (iv) the effect of development of the land upon the use or development of other land (whether contiguous or adjacent or not) which has a common means of natural or I artificial drainage; (v) the area and dimensions of each allotment comprised in the subdivision; and (vi) the provision of the following services, that is to say, water sewerage drainage electricity and gas. I (b) Land within a Rural Zone or a Stream and FloodwayZone shall have regard to the matters referrec;f to in paragraph (a) of this sub-clause other than sub-para'graph (vi). (3) For the purposes of sub-paragraph (vi) of paragraph (a) of sub-clause (2) hereof but without in any I way restricting the power of the responsible authority to impose such conditions as it may think fit when granting any permit for the subdivision of land pursuant to sub-clause (1) hereof a service shall be deemed to be provided if the responsible authority is satisfied that such service will be available for extension to each allotment comprised in the subdivision at the date a permit for the I subdivision is granted or within the period specified in a condition in the permit which provides for the lapse of the permit unless the use of development authorised thereby is commenced within such period. (4) On any plan of subdivision being submitted to the responsible authority pursuant to sub-clause(.1) I hereof any land which in the opinion of such authority should·for the proper development of the zone be set aside for any specified public purpose shall be indicated as a separate allotment on the plan of subdivision. I (5) No building or works shall be constructed on any land situated in a Stream and Floodway Zone (whether or not permission to subdivide such land shall have been granted) without the permission of the responsible authority and such permisSion if granted may be subject to such condition or conditions as the responsible authority deems requisite in order to prevent or reduce I the concentration or diversion of floodwaters or stormwaters. For the purpose of this sub-clause "works" shall not include works being undertaken or aboutto be undertaken by a public authority - (i) _ to lay or place underground or under the surface of the ground sewerage, water and gas I mains, oil pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and telephone lines provided that on completion such mains, pipelines, and lines will not alter the topography of the land; I (ii) to regulate, control, improve, restrict, prevent or otherwise deal with the flow of water in rivers, creeks, streams, watercourses, stormwater drains and the like; (iii) to regulate, control, restrict, prevent or otherwise deal with floods and flooding; (iv) to construct, align, realign or redirect any river, creek, stream, watercourse, stormwater I drain and the like; (v) to bridge rivers, creeks, streams, watercourses, valleys and the like, but not the elevated approaches to such bridge.

I 19A. (1) The following provisions shall apply in the Special Residential Zone No.2 - Special Residential Zone No.2 (a) The surface of the area of any land within the setback distance specified in Division 38 from Inserted by the boundary of Royal Parade or The Avenue shall, with the exception of any pedestrian or AM.No.ISI vehicular accessways not exceeding a total width of 4.5 metres or such greater width as the

93 I (Reprint No.9) I 19 A. (1) (a) Cent'd ... respensible autho.rity may permit, be develeped and maintained with lawns, gardens, I shrubs, trees and related features. (b) No. previsien shall be made fo.r the parking ef vehicles in such a manner that they may be visible frem Reyal Parade er The Avenue. (c) No. fence shall be so. censtructed en o.r within any land within the setback distance specified in Divisien 38 frem the beundary ef Reyal Parade er The Avenue so. as to. exceed 300 I millimetres in height.

Special Residential (2) The f0!lnwing previsiens shall apply in the Special Residential Zene No.. 3 - Zone No.3 Inserted by (a) The surface ef the area ef any land within the setback distance specified in Divisio.n 38 frem I AM. No. 151 the beundary ef Queens Read shall, with the exceptien ef any pedestrian er vehicular accessways net exceeding a tetal width ef 4.5 metres o.r such greater width as the respensible autherity may permit, be develeped and maintained with lawns, gardens, shrubs, trees and related features. I (b) No. pro.visien shall be made fer the parking ef vehicles in such a manner that they may be visible from Queens Read. (c) No. fences shall be so. censtructed en er within any land within the setback distance specified in Divisien 38 from the beundary ef Queens Read so. as to. exceed 300 millimetres I in height. (d) Netwithstanding the previsiens ef paragraph (c) he reef, the respensible autherity may grant permissien to. censtruct a fence exceeding 300 millimetres in height en land having a frentage to. Queens Read within the City ef Seuth Melbeurne where any building net I exceeding three stereys (including a basement) is used fer the purpese ef an apartment heuse, detached heuse, flats, residential building er rew heuse previded such fence is net censtructed within 7.5 metres ef Queens Read. I Residential and (3) The fellewing previsiens shall apply in the Residential and Office Zene - Office Zone Inserted by (a) The surface ef the area ef any land within the setback distance specified in Divisien 38 frem AM.No.151 the beundary ef St Kilda Read er Queens Read shall, with the exceptien ef any pedestrian er vehicular accessways net exceeding a tetal width o.f 4.5 metres er such greater width as the I responsible autherity may permit, be develeped and maintained with lawns, gardens, shrubs, trees and related features. (b) No. previsien shall be made fer the parking ef vehicles in such a manner that they may be I visible frem St Kilda Read er Queens Read. (c) No. fence shall be so. censtructed en er within any land within the setback distance specified in Divisien 38 so. as to. exceed 300 millimetres in height. (d) No. pertien ef the site er ef any building thereo.n shall be used fer display ef preducts geeds er I things (whether finished er unfinished er cemplete er incemplete) so. that such preducts geeds er things are visible from St Kilda Read er Queens Read.

Clause 198 deleted by 198. * * * * * * * * * * * * * * * * * * * * * * * * * * * * I AM. No. 151 Cluster subdivision 19(. (1) Land shall net be subdivided into. alletments cemprised in a cluster subdivisien er a cluster Inserted by AM. No. 58 redevelopment as defined in the Cluster Titles Act 1974 unless the respensible autherity shall have granted permissien fer the subdivisien ef such land in accerdance with a plan ef cluster I subdivisien er cluster redevelepment submitted to. and appreved by the respensible autherity. (2) In determining whether er net permissien to. subdivide shall be granted and if permissien is to. be I granted what cenditien er cenditiens sheuld be impesed the respensible autherity shall have regard to. - (a) the density ef the prepesed develepment; I (b) the street er read layeut with regard to. the furictien and use ef such streets er reads; (c) the previsien and lecatien ef cemmen preperty including pedestrian access thereto.; (d) the previsien and lecatien ef public epen space; (e) the area and dimensiens ef each alletment cemprised in the subdivisien; I (f) the previsien ef eff-street parking; (g) the amenity ef the neighbeurheed; (h) the previsiens ef a scheme ef develepment required to. be submitted pursuant to. Sectien 21 (1) ef the Cluster Titles Act 1974; and I (i) in respect ef land in a Reserved Living Zene, a Reserved Light Industrial Zene, a Reserved General Industrial Zene er Reserved Special Industrial Zene the apprepriate previsiens ef Clause 19. I I

94 (Reprint No.9) I I

19D. Land situated in a Local Authority Development Zone other than in the Shire of Bulla and having Local Authority an area in excess of 1 hectare shall not be subdivided into allotments unless the responsible Development Zone - subdivision cor.trol I authority shall have granted permission therefor and then in accordance with a plan of Inserted by AM. No. 3 subdivision submitted to and approved by the responsible authority and in determining whether or Part 1 A, Amended by AM. No.3 not any such permission should be granted and whether any and what conditions should be Part 1 B specified in any permit proposed to be granted the responsible authority shall take into I consideration the question whether an adequate sewerage and drainage system to service such allotments should be provided.

19E. (1) The Urban Conservation - Residential Zone No. 1 is HEREBY SPECIFIED as an area of spe'cial Urban Conservation ­ significance. Residential I Zone No. 1 Inserted by (2) The purpose of the Urban Conservation - Residential Zone No. 1 is to conserve and enhance the AM. No. 120 Part 3A existing architp.r.tlJrill or historic character of the area of the zone which is principally Victorian and I Edw ardian. (3) Save with the permission of, and subject to such conditions as may be specified by the responsible authority - (a) no building or works existing within the area specified in sub-clause (1) hereof shall in any I way be pulled down, removed or altered and no external surface of any such building or works shall in any way be decorated; and (b) no buildings or works (other than a sign if permitted by or pursuant to this Ordinance, sewerage, drainage, water supply and gas mains, oil pipelines, electricity transmission I lines operating at a voltage of less than 220,000 volts, and telephone lines) shall be constructed on any land in the aforesaid area. (4) Land within an area specified in sub-clause (1) hereof shall not be subdivided into two or more I allotments or parts unless the responsible authority has granted permiSSion therefor. (5) In determining whether or not permission shall be granted, pursuantto sub-clause(3) or(4) hereof and if permission is to be gra nted, what condition or conditions should be imposed the responsible authority shall have regard to the purpose of the zone, and the amenity of the neighbourhood and I without in any way limiting the generality of the foregoing, shall in particular have regard to - (i) the existing character and appearance of any building or works which it is proposed to pull down, remove, alter or decorate; I (ii) whether the bulk, location and external appearance of any proposed building or works will harmonize in character and appearance with adjacent buildings and with the character of the zone; (iii) whether the proposed subdivision may result in development not in harmony with the I character and appearance of adjacent buildings or with the character of the zone; (iv) whether the land is to be so landscaped or so planted with trees, shrubs and gardens as to harmonise with the character and appearance of the zone; I (v) the likelihood of any additional traffic generation and the location of any proposed off-street parking area; and shall take into consideration the views of the Historic Buildings Preservation Council.

I 20. (1) The purpose of the Office Zone is to provide opportunity for office development compatible with Office Zone - control the local environment and having regard to the amenity of the occupants of buildings on adjoining of development Inserted by AM. No. 35 land and of the buildings proposed. Part 3 I (2) The following provisions shall apply within an Offir.p. Zone - (a) Save with the permission of and subject to such conditions as may be specified by the responsible authority no building or works (other than sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a voltage of less than I 220,000 volts and telephone lines) may be constructed upon any land. In determining whether or not such permission should be given or what conditions, if any, should be specified the responsible authority shall have regard to the orderly and proper planning of the zone including - I (i) the plot ratio and height of the proposed buildings; (ii) the desirability of a building setback from the frontage and any other boundary abutting a street; I (iii) the need for additional provision of accommodation for stationary vehicles to that set out in the Table to Clause 28 for the purpose of office or bank; and . (iv) the segregation of vehicular from pedestrian traffic. (b) The whole of the area of land between any street alignment and the line representing any Amended by I building setback required pursuant to paragraph (a) hereof, shall be landscaped with lawns, AM. No. 72 Part 2A I

95 I (Reprint No. 9) I 20. (2) (b) Cont'd ... gardens, shrubs and trees and maintained and shall not be used for any other purpose except for appropriate access driveways. I (c) No portion of the site or of any building thereon shall be used for the display of products goods or things whether finished or unfinished or complete or incomplete, so that such products goods or things are visible from any street. (d) Should the responsible authority grant permission to use any land within an Office Zone for I any of the purposes specified in Column 4 of Section 11 A of the Table to Clause 7, such permission shall be subject to the conditions set forth in paragraphs (a), (b) and (c) hereof or to such other conditions (being not less stringent than those set forth in the said paragraphs) as the responsible authority may impose. I

Offensive Industrial 20A. (1) Land within an Offensive Industrial Zone shall not be subdivided into allotments unless the Zone - control of responsible authority shall have granted permisSion for the subdivision of such land in subdivision Inserted by AM. No. 35 accordance with a plan of subdivision submitted to and approved by the responsible authority. I Part 2 (2) No building or works (other than sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a voltage of less than 220,00 volts and telephone lines) shall be constructed on any land situated in an Offensive Industrial Zone (whether or not I permission to subdivide such land shall have been granted) without the permission of the responsible authority.

(3) In determining whether or not permission to subdivide such land or to construct buildings and works thereon shall be granted and if permission is to be granted what condition or conditions I should be imposed the responsible authority shall have regard to - (a) the existing use and possible future development of such land and of contiguous or adjacent lands; (b) the orderly and proper planning of the zone; I (c) the amenity of the neighbourhood; (d) the effect of development of the land upon the use or development of other land (whether ' I contiguous or adjacent or not) which has a common means of natural or artificial drainage; (e) the provision of the following services, that is to say, water, sewerage, drainage, electricity and gas. (4) For the purposes of paragraph (e) of sub-clause (3) hereof but without in any way restricting the I power of the responsible authority to impose such conditions as it may think fit when granting any permit for the subdivision of land pursuant to sub-clause (1) hereof a service shall be deemed to be provided if the responsible authority is satisfied that such service will be available for extension to each allotment comprised in the subdivision at the date a permit for the subdivision is granted or I within the period specified in a condition in the permit which provides for the lapse of the permit unless the use or development authorized thereby is commenced within such period.

Special Conservation 20B. (1) The purpose of the Special Conservation Zone is to restrict development to that existing at the time I Zone - control of of application of the zone to any land in order to preserve the opportunity for the future use of such development Inserted by AM. No.2 1 land to be determined by the responsible authority. Part 4, Amended by (2) Land within a Special Conservation Zone shall not be subdivided except that subject to the AM. No. 62 Part 2, I AM. No. 83 Part 2, consent of the responsible authority- AM. No. 88 Part 2A, AM. No.1 15 Part 2A (i) land may be excised from a tenement where such allotment created is to be vested in a public authority or Council, or: (ii) land may be subdivided so as to relocate existing allotment boundaries provided that no I additional allotments are thereby created. (3) No buildings or works (other than a fence, a sign if permitted by or pursuant tothis Ordinance, and sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and telephone lines) may be constructed upon any land in the I Special Conservation Zone save with the permission of the responsible authority and subject to such conditions as may be specified. In determining whether or not such permission should be given or what conditions, if any, should I be specified, the responsible authority shall have regard to - (a) the existing use of the land and the reason for the development in relation to that use. (b) the possible effect of the development on the future use of the land. I (c) the effect of the development,on the Existing or Proposed Public Open Space Reservations in the vicinity. I I

96 (Reprint No, 9) I I 20B. Cont'd ... (4) Save with. the permission of the responsible authority or in accordance with a notice given I pursuant to the Forest Act 1958, and the Country Fire Authority Act 1958 or the Local Government Act 1958, no native vegetation shall be destroyed, felled, lopped, ring-barked or uprooted or damaged by the application of defoliants or herbicides within a Special Conservation I Zone. ' In determining whether such permission should be granted the responsible authority shall have regard to - (i) the advisability or otherwise of retaining a buffer strip of native vegetation within specified I distances of water courses, roads and property boundaries; (ii) the preservation of and the impact on the natural environment and the need for preventing erosion; and (iii) the future use of the land and may impose such conditions as it deems fit, including I conditions requiring planting, replanting or other treatment of any part of the land.

(5) No permission shall be required pursuant to sub-clause (4) hereof if the native vegetation was cleared prior to the 3rd day of December, 1975, or with the consent of the responsible authority I since the date and the land has since been used for the purpose of agriculture or animal husbandry or for the transmission of water, sewage, electricity, gas or the like.

20e. (1) Save with the permission of the responsible authority as hereinafter provided land within any of Non-urban Zones­ the following zones, that is to say, a Corridor "A" Zone, General Farming "A" Zone, Intensive subdivision and I construction of Agriculture "A" Zone, Landscape Interest "A" Zone, or a Conservation "A" Zone, shall not be buildings and works subdivided into allotments. Inserted by AM. No. 21 Part SA I (2) (a) The responsible authority may permit the subdivision of land situate in a zone specified in Column 1 of the Table to this Clause into allotments each of which hasan area not less than the area specified in Column 2 of the said Table. (b) ·The responsible authority may permit the subdivision of land situate in a zone specified in I Column 1 of the Table to this Clause into allotments each of which hasan area not less than 75 per cent of the area specified in Column 2 of the said Table for the relevant zone provided - (i) that the average area of all allotments shown on the plan of subdivision is not less I than the area so specified, and (ii) that no allotment shown on the plan of subdivision exceeds 1.75 times the area so specified. (c) The responsible authority may permit land situate in the zones specified in Column 1 ofthe I said Table and which on the 1st day of December, 1971, comprised a separate tenement having an area of not less than 8 hectares on which only one detached house was erected to be subdivided into two allotments if concurrently with permission so to subdivide the land the responsible authority grants permission pursuant to Clause 11 A (1 )(a)(v) if such I permission is required for erection of a detached house on the allotment which does not contain a detached house. (d) The responsible authority may permit the subdivision of land in a Corridor "A", General I Farming "A", Intensive Agriculture "A", or Landscape Interest "A" Zone into allotments having a lesser area than that specified in the Table to this Clause for .the purpose of providing a site for a major utility installation or a minor utility installation. (e) The responsible authority may permit the subdivision of land in a Conservation "A" Zone I into allotments having a lesser area than that specified in the said Table for the purpose of providing a site for a minor utility installation or passive recreation. (f) Where land is situated in more than one of the zones specified in Column 1 of the Table to Inserted by this Clause, the responsible authority may permit such land to be subdivided into allotments AM. No. 120 Part 3A I provided - (i) the area of any allotment thereby created is not less than the minimum area specified for anyone of the zones in which the allotment is so situated; and I (ii) the number of allotments thereby created does not exceed the number of allotments that could have been created from the area of the land in the zone having the lowest minimum area as set out in Column 2 of the said Table had such land been divided by the prescribed minimum ared fur :;uch lone. I That is to say- The maximum number of allotments into which the whole of the land may be divided shall be obtained by using the following formula- N =.A. I B I

97 I (Reprint No.9) I 20(. (2) (f) (ii) Cont'd ... Where N is the maximum number of allotments into which the whole of the land may be divided A is the area of the land in the zone with the lowest minimum area I B is the minimum subdivision area of the zone in which A is situate. (3) The responsible authority in determining whether or not permission should be granted for the subdivision of land pursuant to sub-clause (2) hereof shall have regard to - I (a) the capability of the land to accommodate the proposed development without detriment to the natural physical features or resources of the area; (b) the environmental capacity of the soils and water in the area; I (c) the design of roads (existing and proposed) and the impact thereof on landscape quality; (d) the availability of water and the location of access roads necessary to assist in suppression of fires and may impose such -appropriate conditions as it deems fit including, without affecting the generality of the foregoing, the reafforestation, planting, replanting or sowing I down of any part of the land. Amended by -(4) No buildings or works (other than a fence, a sign if permitted by or pursuant to this Ordinance, and AM. No. 115 Part 2A sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at I a voltage of less than 220,000 volts and telephone lines) shall be constructed on any la.nd situated in a Conservation "A" Zone (whether or not permission to subdivide such land shall have been granted) without the permission of the responsible authority. In determining whether or not such permission should be given or what conditions, if any, should be imposed, the responsible authority shall have regard to - I (a) the impact on the landscape quality of the area; (b) the necessity or otherwise for the removal of native vegetation. Inserted by (5) Save with the permission of the responsible authority no buildings shall be constructed on any I AM. No.1 20 Part3A land in a Corridor "A", General Farming "A", Intensive Agriculture "A", Special Extractive "A" or Landscape Interest "A" Zone where the total floor area of any existing or proposed building constructed or to be constructed on the land exceeds 15 per centum of the area of such land. In determining whether or not permission should be given or what conditions, if any, should be I imposed, the responsible authority shall have regard to - (a) the impact on the landscape quality and amenity of the area; (b) the proposed landscaping of the site. I

TABLE TO CLAUSE 20C

COLUMN 1 COLUMN 2 I Zone Minimum Area Corridor "A" 12 hectares General Farming "A" 40 hectares I Intensive Agriculture "A" 8 hectares , . Landscape Interest "A" 8 hectares Conservation "A" 40 hectares

Non-urban Zones - 20(A.( 1 ) Notwithstanding anything to the contrary in this Ordinance, other than the provisions of sub­ Consolidation of Land I Inserted by clause (2) hereof, any land situated in a Corridor "A" Zone, General Farming "A" Zone, Intensive AM. No. 120 Part3A Agriculture "A". Zone, Landscape Interest "A" Zone ora Conservation "A" Zone may with the permission of the responsible authority be subdivided into two or more allotments so that each or any of those allotments may be consolidated with adjoining land toform new allotments and such I allotments used for the purpose of a detached house. (2) Land shall not be subdivided pursuant to sub-clause (1) hereof if such subdivision would increase the number of detached houses for which the land proposed to be subdivided or any new allotments that would arise therefrom whether after consolidation with 'adjoining land or I otherwise could have been used pursuant to the provisions of this Ordinance at the date of the application to subdivide.

Control for aircraft I (1) Land within a Special Industrial Zone or a Reserved Special Industrial Zone shall not be used for visibility 21. Amended by any purpose which, in the opinion of the responsible authority is likely to result in the discharge AM. No. 12 into the atmosphere of smoke, chemical fumes, industrial waste gases or any other vaporous substance or dust" which may adversely affect visibility along the course of aircraft. I I

98 (Reprint No.9) \ I I 21. Cont'd ... (2) Except where the land lies within the City of Mordialloc no building or works shall be so I constructed or carried out on land within a Special Industrial Zone or a Reserved Special Industrial Zone as"to exceed 6 metres in height (when measured from ground level) unless a permit therefor has been granted by the responsible authority.

I 21 A. (1) Land within a Restricted Light Industrial Zone or a Restricted General Industrial Zone shall not be Restricted Light subdivided and no buildings or works (other than a fence, a sign if permitted by or pursuant to this Industrial Zone and Restricted General Ordinance and sewerage, drainage, water and gas mains, oil pipelines, electricity transmission Industrial Zone - lines operating at a voltage of less than 220,000 volts and telephone lines) may be constructed subdivision and construction of I upon such land until the responsible authority has granted permission therefor. In determining buildings and works whether or not such permission should be given or what conditions, if any, should be imposed, the Inserted by AM. No. 67 Amended by responsible authority shall have regard to the orderly and proper planning of the zone including:- AM. No. 72 Part 2A, (a) the setback of buildings and works from the street or road or from the boundaries of any AM. No. 11 b Part "LA, AM. No. 143 Part 3 I Residential or Reserved Living Zone, or from land reserved for the purpose of a hospital, school or public open space whether or not such setback is in addition to any setback prescribed elsewhere in the Ordinance; I (b) the provision of landscaped gardens, including the planting of lawns, shrubs and trees in such setback areas; (c) access and egress of vehicles in relation to the existing street pattern; (d) the provision of accommodation for off-street loading unloading and parking of vehicles in I addition to the provisions of Clause 27 and Clause 28. (2) In such part of the Restricted Light Industrial Zone situated south-west of Melrose Drive and bounded on the north and west by Melbourne Airport, City of Keilor, no buildings shall be I constructed and no materials stored on land within that distance from Melrose Drive and any land within the Reserved Living Zone as is specified by the responsible authority priorto approval of any development in the said zone.

22. (1) Land within a District Business Zone or a Restricted BusinessZone shall not be subdivided and no District Busi ness I Zone and Restricted building or works (other than a fence, a sign if permitted by or pursuant to this Ordinance and Business Zone­ sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at subdivision and a voltage of less than 220,000 volts and telephone lines) may be constructed upon such land until construction of buildings and works I the responsible authority has granted permission therefor. In determining whether or not such Substituted by permission should be given or what conditions if any, should be imposed the responsible authority AM. No.17 Amended by shall have regard to the orderly and proper planning of the zone as a District Business Centre or as AM. No. 35 Part 2, a Local Business Centre (as the case requires) including - AM. No. 72 Part 2A, AM. No. 88 Part 2A, I (a) the provision of accommodation fo;' stationary vehicles upon public or private property; AM. No. 90 Part 1 C, AM. No. 115Part2A (b) the reservation of land for providing such accommodation or for any other public purpose; (c) the segregation of vehicular from pedestrian traffic; I (d) where appropriate the accessibility of the site to vehicular traffic. Provided that in respect of land in that part of a Restricted Business Zone situated as described in the Table to sub-clause (2) hereof the conditions applicable thereto as set forth in the said Table shall not be a matter for determination pursuant to this sub-clause.

(2) Land within that part of a Restricted Business Zone situated as described in Column 1 of the Table Shop conditions in certain Restricted to this sub-clause shall in addition to the requirements of sub-clause (1) hereof only be used for Business Zones the purpose of a shop subject to the following conditions - Inserted by AM. No. 90 Part 1 C I (a) the gross leasable floor area of the shop shall not exceed the maximum area !'>et forth opposite such description in Column 2 of the said Table, and (b) the other condition or conditions (if any) set forth in Column 3 of the Table shall be complied with. I TABLE TO SUB-CLAUSE (2) OF CLAUSE 22

/ COLUMN 1 COLUMN 2 COLUMN 3 I Situation of Restricted Business Maximum Gross Other Conditions Zone Leasable Floor Area Land between Dennis Street and 15,000 square Provision shall be made for not less Separation Street and generally east metres than 901 car spaces complying with I of Langwells Parade, McCutcheon the provisions of Clause 28 of this Street and Robbs Parade, City of Ordinance. Northcote. South-east corner of Burwood 6,693 square metres (a) The floor area of offices on the Inserted by I Highway and Middleborough -Road, said land shall not exceed 870 AM. No. 87 Part 3 City of Nunawading. square metres. I

99 I (Reprint No.9) I TABLE TO SUB-CLAUSE (2) OF CLAUSE 22 (Cont'd.)

COLUMN 1 COLUMN 2 COLUMN 3 I Situation of Restricted Business Maximum Gross Other Conditions Zone Leasable Floor Area I (b) a landscaped buffer strip of width. not less than 6 metres shall be

\ provided along the southern boundary. I ., (c) A landscaped buffer strip of yvidth not less than 9 metres shall be provided along the eastern , boundary. I (d) Provision shall be 'Tlade for not less than 372 ca' 'paces complying with the provisions of Clause 28 of this Ordinance (on I the basis of 5.27 spaces per 100 square metres of shops and 2.2 spaces per 100 sqyare metres of offices). I Inserted by North-west corner of Childs Road and 5,600 square metres Provision shall be made for not less AM. No. 144 Redleap Avenue, Mill Park, Shire of / than 482 car spaces complying with Whittlesea .,.. the provisions of Clause 28 of this Ordinance. I Inserted by Land generally at the north-east 14,161 square (a) The floor area of offices on the AM. No. 90 Part 4 corner of Maroondah Highway and metres said land shall not exceed 898 New Street, City of Ringwood, and square metres. more particularly described as Lots 1 (b) Provision shall be made for not I to 4 (inclusive) Lodged Plan Number less than 950 and not more than 14010, Lots 1 and 5 Lodged Plan 972 car spaces complying with Number 9648 and Lots 51 and 52 the provisions of Clause 28 of and Lots 61 to 92 (inclusive) Lodged this Ordinance. I Plan Number 1404. (c) Provision shall be made for a north south road having a width of not less than 16 metres between Seymour Street and I· Charter Street opposite Murray Place.

Inserted by Land between Bond Street and 4,~50 square metres (a) The floor area of offices on the AM. No. 90 Part4 I Charter Street, west of Ringwood said land shall not exceed 3,700 , Street, City of Ringwood, more square metres. particularly described as Lots 4 and 5 (b) Provision shall be made for not Lodged Plan Number 15809, Lots 100 less than 475 and not more than I to 121 (inclusive) Lodged Plan 500 car spaces complying with Number 14278, Lots 1 and 2 Lodged the provisions of Clause 28 of Plan Number 78360, Lots 5 to 7 this Ordinance. (inclusive) Lodged Plan Number 9629 - (c) Provision shall be made for a I and land described in Volume 8363 north south road having a width - Folio Number· 789, Volume 6391 Folio of not less than 16 metres Number 129 and Volume 4402 Folio between Charter Street and Bond Number 345 Street in the viCinity of the I western boundary of the subject , land. , - (d) That part of the land having a . maximum width of 5.11 metres I to the south side of Bond Street shall be set aside for road widening and landscapi' J purposes. I I I I

100 I (Reprint No.9) I JABLE TO SUB-CLAUSE (2) OF CLAUSE 22 (Cont'd.)

COLUMN 1 COLUMN 2 COLUMN 3 . Situation of Restricted Business Maximum Gross Other Conditions Zone Leasable Floor Area

I Land having a frontage of 2,945 square metres Provisions shall be made for not less Inserted by approximately 30 metres to the north than 37 car spaces complying with AM. No. 90 Part 4 side of Maroondah Highway the provisions of Clause 28 of this commencing approximately 395 Ordinance. I metres east of New Street, City of Ringwood, more particularly described as Lot 2 Lodged Plan Number 96364. Land having a frontage of , ,858 square metres (al Provision shall be made for not Inserted by I approximately 91 metres to the north less than 90 car spaces AM. No. 90 Part 4 side of Maroondah Highway complying with the provisions of commencing approximately 304 Clause 28 of this Ordinance. metres east of New Street. City of I (bl Provision shall be made for a Ringwood, more particularly described north south road having a width as Lot 1 Lodged Plan Number 96364. of not less than 16 metres between Maroondah Highway and Seymour Street in the vicinity of Murray Place. North-west corner Kingsway Drive 2,063 square metres Provision shall be made for not less Inserted by AM.No.114 and Huskisson Avenue, Shire of than 167 car spaces complying with Part 1 C I Whittlesea the provisions of Clause 28 of this Ordinance. North-west corner of McKimmies 6,000 square metres Provision shall be made for not less Inserted by Road and Darebin Drive, Shire of than 392 car spaces complying with AM. No. 152 I Whittlesea the provisions of Clause 28 of this Ordinance.

Land between McDonalds Road and 2,400 square metres Provision shall be made for not less Inserted by McFarlane Court, west of Dryandra than 152 car spaces complying with AM. No. 152 I Avenue, Shire of Whittlesea the provisions of Clause 28 of this \ Ordinance. North-east Corner of Mickleham Road 13,600 square Provision shall be made for not less Inserted by I and Gladstone Park Drive, City of metres tha n 1 ,161 ca r spaces complyi ng with AM. No. 152 Broadmeadows the provisions of Clause 28 of this Ordinance. North-east corner of Police Road and 25,300 square Provision shall be made for not less Inserted by I Hansworth Street, City of Waverley metres than 2,293 car spaces complying with AM. No. 152 the provisions of Clause 28 of this Ordinance. Land bounded by Manningham Road, 8,500 square metres Provision shall be made for not less Inserted by I Derreck Avenue, Bourke Street and than 637 car spaces complying with AM. No. 152 Grant Olson Avenue, City of the provisions of Clause 28 of this Doncaster and Templestowe Ordinance. South-east corner of Heatherton Road 14,600 square Provision shall be made for not less Inserted by I and Matthew Flinders Avenue, City of metres than 1,425 car spaces complying with AM. No. 152 Berwick the provisions of Clause 28 of this Ordinance. South-west corner of Somerville Road 9,300 square metres Provision shall be made for not less Inserted by I AM. No. 152 and Hallam Road, Shire of than 730 car spaces complying with Cranbourne the provisions of Clause 28 of this Ordinance. I Land south side of Outlook Drive, City 2,800 square metres Provision shall be made for not less Inserted by . of Dandenong than 139 car spaces complying with AM. No. 152 the provisions of Clause 28 of this Ordinance. I North-west corner of Cheltenham 35,000 square Provision shall be made for not less Inserted by Road and Kingsclere Avenue, City of metres than 2,651 car spaces complying with AM. No. 152 Springvale the provisions of Clause 28 of this I Ordinance. I

101 I (Reprint No.9) I TABLE TO SUB-CLAUSE (2) OF CLAUSE 22 (Cont'd.) COLUMN 1 COLUMN 2 ~OLUMN 3 I Situation of Restricted Business Maximum Gross Other Conditions Zone Leasable Floor Area Inserted by North side of Nea Ie Road, west of 19,100 square Provision shall be made for not less AM.No.152 Station Road, City of Sunshine metres than 1,235 car spaces complying with I the provisions of Clause 28 of this '" Ordinance. Inserted by South-east corner of Ferntree Gully 12,500 s~uare Provision shall be made for not less AM. No. 152 Road and Springvale Road, City of metres than 1,163 car spaces complying with I Waverley the provisions of Clause 28 of this Ordinance. Inserted by Land south side of Livingstone Street, 5,230 square metres (a) No more than 11 shops each of AM.No.113 west of Waterdale Road, City of Single occupancy shall be I Part2B Heidelberg, and more particularly constructed. described as Lot 2 Lodged Plan (b) One of the said shops may have { Number 45081, Lot 1 Lodged Plan a maximum gross leasable floor I Number 98268, Part of Lot 8, Part of area of 3,890 square metres and Lot 9 and Lots 10, 13 and 14 Lodged the remaining 10 shops together Plan Number 4362 shall not exceed a maximum gross leasable floor area of 1,340 square metres. I (c) Provision shall be made for not less than 372 car spaces complying with the provisions of I Clause 28 of this Ordinance. (d) A landscaped buffer strip of not less than 3 metres in width shall be provided along the western I boundary of the site. (e) No buildings or works other than for the provision of car parking shall be located within 42 metres I of the western boundary of the site. Inserted by Land east side of Sydney Road, 15,800 square Provision shall be made for not less AM. No. 140 between Weston Street and Barkly metres than 685 car spaces complying with I Part2A Street, City of Brunswick Clause 28 of this Ordinance. Inserted by Land south-west corner of Bluff Road 1,500 square metres (a) Provision shall be made for car AM. No. 141 and Linacre Road, City of parking at a ratio of not less than Part 2B I Sandringham, more particularly 6.65 car spaces per 100 square described as Lots 5 to 9 (inclusive) metres of gross leasable floor Lodged Plan Number 80928, Lot 7 area and such car spaces shall - Lodged Plan Number 52268 and land comply with the provisions of I described in Certificate of Title Clause 28 of this Ordinance. '. Volume 9221 Folio 587 (b) A landscaped buffer strip of width not less than 1.8 metres shall be provided along the Bluff Road and I Linacre Road boundaries except at the points of vehicle ingress and egress. - (c) A landscaped buffer strip of width I not less than 2.44 metres shall be provided along the western boundary of Lots 5, 7, 8 and 9, Lodged Plan Number 80928. I Inserted by Land bounded by Old Geelong Road 12,165 square (a) An area of not less than 2,165 AM. No. 199 and the Melbourne Geelong Railway, metres square metres and forming part east of Morris Road, Hoppers of the gross leasable floor area Crossing, Shire of Werribee. specified in Column 2 of this I Table shall only be used for the purpose of a store as defined in the Planning Scheme Ordinance. I I

102 (Reprint No.9) I I TABLE TO SUB-CLAUSE (2) OF CLAUSE 22 (Cont'd.)

COLUMN 1 COLUMN 2 COLUMN 3 I Situation of Restricted Business Maximum Gross Other Conditions Zone Leasable Floor Area (b) Provision shall be made for car parking complying with the I provisions of Clause 28 of this Ordinance and in the ratio of 8.6 car spaces to each 100 square metres of gross leasable floor I area in excess of 2,165 square metres and to the number arrived at shall be added 17 car spaces. I Adjoining land on the north-east 4,770 square metres Provision shall be made for not less Inserted by AM. No. 142 Part 3 corner of Plenty Road and Dundas - than 305 car spaces complying with Street, City of Preston the provisions of Clause 28 of this , Ordinance. I Land between Matthews Avenue and 27,871 square Provision shall be made for not less Inserted by AM. No.113 Louis Street on the east, the railway metres than 2,482 car spaces complying with Part 1 B reservation on the west, and generally the provisions of Clause 28 of this north of Moore Road, Airport West, Ordinance.. I _City of Keilor Land south Side of Heatherton Road, 2,800 square metres (a) The maximum gross leasable Inserted by west of Spring Road, City of floor area of any shop in a single AM. No. 158 Part 2 Springvale, and more particularly occupancy shall not exceed 2,300 I described as Part Lot 1 Lodged Plan square metres. Number 94014, Part Lot 1 Lodged (b) Provision shall be made for car Plan Number 27968 and Part Lot 2 parking at a ratio of 7.7 car Lodged Plan Number 61626 spaces per 100 square metres of I \ I gross leasable floor area and such car spaces shall comply with the provisions of Clause 28 I - . of this Ordinance .

I , I - ,I I

, I . I I \ / I , I I 103 I (Reprint No.9) I Restricted Business 22A. (1) Notwithstanding anything contained in Clause 22 hereof within the PClrt of -the Restricted Zone Ringwood - car parking and access Business Zone in the City of Ringwood which is both south of a line parallel to and distant 64 lanes metres north of the Maroondah Highway and east of a line parallel to and distant 71.6 metres Inserted by AM. No.2 west of Warrandyte Road no land or buildings shall be used for any purpose nor shall any buildings Amended by I AM. No. 17, or works (other than a fence, a sign if permitted by or pursuant to this Ordinance and sewerage, AM. No. 35 Part 2, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a voltage AM. No. 72 Part 2A. AM. No. 115 Part 2A of less than 220,000 volts and telephone lines) be constructed unless there is provided and maintained on tl:le site, or upon other land in the vicinity approved by the responsible authority open space for car parking and access lanes for five cars for each 90 square metres of the floor I area of all buildings erected or proposed to be erected on the land, and such space shall be laid out in conformity with Clause 28(2) hereof. Amended by (2) Notwithstanding anything contained in Clause 22 hereof within that part of the Restricted I AM. No. 17, AM. No. 35 Part 2, Business Zone in the City of Ringwood situate between Ringwood Street and Warrandyte Road AM. No. 72 Part 2A. other than the area referred to in sub-clause (1) hereof no land or buildings shall be used for any AM. No. 115 Part 2A purpose nor shall any buildings or works (other than a fence, a sign if permitted by or pursuant to this Ordinance and sewerage, drainage, water and gas mains, oil pipelines, electricity I transmission lines operating at a voltage of less than 220,000 volts and telephone lines) be constructed unless there is provided and maintained on the site, or upon other land in the vicinity approved by the responsible authority open space for car parking and access lanes for six cars for II each 90 square metres of the floor area of all buildings erected or proposed to be erected on the land, and such open space shall be laid out i~ conformity with Clause 28(2) hereof.

Restricted Business 22AA. Notwithstanding the provisions of Clause 22 land within a Restricted Business Zone situated as Zones - shop conditions described in Column 1 of the Table to this Clause may be used for the purpose of a shop subject Inserted by AM. No. 90 only to the following conditions - Part 10 (a) plans for the development of the land (which plans shall include the layout of the buildings and works, associated landscaping, provision for car parking, loading and unloading areas, access and egress ways to and from and within the land) shall be prepared and submitted to I the responsible authority to the satisfaction thereof and such development shall only be carried out in accordance with such plans; (b) the gross leasable floor area of the shop shall not exceed the maximum area set forth opposite such description in Column 2 of the said Table; and I (c) the other condition or conditions (if any) set forth in Column 3 of the Table shall be complied with. - I I I I / I I I I I I 104 (Reprint No.9) I I TABLE TO CLAUSE 22AA

COLUMN 1 COLUMN 2 COLUMN 3 I Situation of Restricted Business Maximum Gross Other Conditions Zone leasable Floor Area

Land bounded generally by Hampshire 16,800 square Provision shall be made for not less I and Hertford Roads and George, metres than 1,140 car spaces complying with Service and Dawson Streets, City of the provisions of Clause 28 of this Sunshine, and more particularly Ordinance. described as the whole of land in I Certificates of Title: Volume 8356 Folio 674, Volume 8356 Fol.io 675, Volume 8356 Folio 676, Volume 5617 Folio 358, Volume 7875 Folio 199, I Volume 7988 Folio 089, the whole of land remaining untransferred out of Volume 8354 Folio 677 and part of Volume 8095 Folio 650 being that I part of Service Street between Hampshire Road and the western I alignment of Dawson Street

221. Save with the permission of and subject to such conditions as may be specified by the responsible Service Business authority no building or works (other than a fence and sewerage, drainage, water and gas mains, oil Zone - control of I buildings and works pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and telephone Inserted by AM. No. 12 lines) may be constructed upon any land within a Service Business Zone. In determining whether or Amended by AM. No. 35 Part 2 not such permission should be given or what conditions if any, should be specified the responsible I authority shall have regard to the orderly and proper planning of the zone including - (a) the provision of accommodation for stationary vehicles; (b) the segregation of vehicular from pedestrian traffic; (c) the desirability of a setback for buildings and works from the site boundaries, and the Inserted by AM. No. 68 I landscaping of the area of such setback with lawns, gardens, shrubs and trees; and Part 2B (d) where appropriate the accessibility of the site to vehicular traffic. Inserted by AM. No. 88 Part 2A I 22(. (1) Land within a Special Use Zone No.1 shall not be subdivided and no building or works (other than Special Use a fence, sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines Zone No.1 - control of buildings and operating at a voltage of less than 220,000 volts and telephone lines) shall be constructed upon works such land without the permission of the responsible authority. Inserted by AM. No. 35 Part 2 In determining whether or not such permission should be given or what conditions if any, should Amended by AM. No. 70 Part 4A. be specified the responsible authority shall have regard to the orderly and proper planning of the AM. No. 162 zone including - I (a) the provision of accommodation for stationary vehicles; (b) the provision of land for landscaping and beautification purposes; and (c) the effect of the proposed buildings and works on the amenity of the neighbourhood. (2) The provisions of sub-clause (1) hereof shall not apply to all that piece of land being Crown I Allotment 16A Parish of Queenstown, County of Evelyn being the land more particularly described in Volume 3706 Folio 028 which land is situate in Eagles Nest Road, Shire of Whinlesea, and such land may be developed for the purpose of an educational establishment for a student population not exceeding 100 pupils all of whom shall be resident on the site provided that I the plans for such development (which plans shall include the layout of the site, location of buildings, provision for landscaping, vehicular access, egress and parking, water collection and storage and waste water disposali are to the satisfaction of the responsible authority and such I 'development shall only be carried out in accordance with such plans. \ 22D. The use of land for any of the purposes specified in Column 3 of Section 1OA of the Table to Clause 7 Transport Centre shall where the land is situated as described in Column 1 of the Table tothis Clause only be used forthe Zone - Column 3 purposes and purposes set forth opposite such description subject to the conditions applicable to such purposes. conditions I Inserted by AM. No. 140 Part 3

I 105 I (Reprint No.9) ------.-- I TABLE TO CLAUSE 220

- COLUMN 1 COLUMN 2 COLUMN 3 I Situation of Transport Centre Zone Land Use- Purposes Conditions

Box Hill Railway Station, north-west Restaurant (a) The gross leasable floor area corner of Carrington Road and Station Shop } shall not be less than 15,000 I Street, City of Box Hill square metres but shall not exceed 20,000 square metres provided however the maximum gross leasable floor area may be I increased in the ratio of one square metre for each 0.25 square metre of the area set \ , .1 aside in addition to that required to condition (b) hereof provided always that such maximum gross leasable floor area' does not exceed 22,000 square metres. I '(b) a total area shall be set aside at ground floor level of at least 1,2.00 square metres for I , unobstructed pedestrian , concourse, access ways, paths and the like for the purpose of the Transport Interchange. I (c) Provision shall be made for the accommodation of stationary vehicles in the ratio of 4.0 spaces - per 100 square metres of gross I leasable floor area, and such spaces shall comply with the provisions of Clause 28. Consulting ROomS} (a) The gross leasable floor area Office shall not be less than 1,000 square metres but shall not exceed 2,500 square metres. (b) Provision shall be made for the I accommodation of stationary vehicles in the ratio of 3.0 spaces per 90 square metres of floor area and such spaces shall I comply with the provisions of Clause 28. Place of Assembly (a) The number of seats, if any, shall not exceed 1,000. I (b) Provision shall be made for the accommodation of stationary vehicles in the ratio of 1 space I per 10 seats or in the ratio of 1 space to each 18 square metres of floor area, whichever be the' greater and such spaces shall comply with the provisions of I Clause 28. Flats (a) The number of flats shall not I exceed 100. I (b) Provision shall be made for the accommodation of stationary \ vehicles in the ratio of 1 space per flat and such spaces shall I comply_ with the provisions of Clause 28. I I

106 (Reprint No.9) I TABLE TO CLAUSE 220 (Cont'd.)

I~ COLUMN 1 COLUMN.2 COLUMN 3

Situation of Transport Centre Zone land Use Purposes \ Conditions

Transport (a) Provision shall be made for not I Interchange less than 600 vehicle spaces during normal weekday working hours and 50 vehicle spaces on Saturdays such provision being I made available only for train travellers and the said spaces shall comply with the provisions of Clause 28. I , (b) Taxi stands shall be provided capable of accommodating not less than 10 taxis at anyone I time. (c) Facilities shall be provided for the setting down and picking up of car-borne passengers sufficient to accommodate not less than 10 I stationary vehicles at anyone time. (d) A kiosk offering convenience goods including newspapers and I toiletries shall be provided for passengers. I I , I

23. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clause 23 deleted by I AM. No. 77 Part 3 24. (1) Save with the permission of the responsible authority no building or works (otherthan sewerage, Arts Centre locality drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a voltage Amended by AM. No.2, of less than 220.000 volts and telephone lines) shall be constructed upon any land within Special AM. No. 35 Part 2 I Use Zone No.6. In determining whether or not such permission should be given and what conditions (if any) should be imposed should such permission be given the responsible authority shall take into consideration the views of the body or the persons for the time being responsible for I the building or the conduct of the Victorian Arts Centre. (2) The following provisions shall apply in the Special Use Zone No. 7 - . Stock Saleyards and Abattoirs (Derrimut) (a) Land shall not be subdivided into allotments unless a plan of subdivision has first been Substituted by submitted to and approved by the responsible authority and any such approval may be AM. No.17 I subject to such requirements as to area and dimensions of the allotments comprised in the plan of subdivision as the responsible authority may deem fit. (b) Save with the permission of the responsible authority no building or works (other than a Amended by fence and sewerage, drainage, water and gas mains. oil pipelines, electricity transmission AM. No. 35 Part 2 I lines operating at a voltage of less than 220,000 volts and telephone lines) shall be constructed upon any land and in determining whether or not such permission should be given the responsible authority shall have regard to the development of the zone for stock I saleyards and associated purposes. (2A) Land within a Special Use Zone No.7A shall not be subdivided other than for the excision of any Special Use land (whether by transfer or otherwise) due to the purchase or acquisition of such land by a public Zone No. 7A - Stock Saleyards authority or municipal council in the exercise of powers conferred to statute. Inserted by I AM. No. 165 I 107 I (Reprint No.9) I 24. Cont'd ... Special Use' (3) The following provisions shall apply to Special Use Zone No.8 - Zone No.8 - Shrine locality (a) the design of the exterior of all buildings and the layout of all sites shall be approved by the I responsible authority after consultation with the Trustees for the time I;leing of the Shrine of Remembrance and shall be in keeping with the immediate environment of the Shrine of Remembrance; Amended by (b) no buildings and works shall be constructed to a height exceeding 36.05 metres above the I . AM. No. 49 Part 2, Australian Height Datum except that the responsible authority, after consultation with the AM. No. 136 Trustees for the time being of the Shrine of Remembrance, may grant permission for a roof parapet meeting the requirements of the Uniform Building Regulations or C!.lift motor room and the related escape stairs to exceed the said height of 36.05 metres provided such lift I motor room is not located. within 20 metres of St. Kilda Road; Amended by (c) no building or works (other than a fence and sewerage, drainage, water and gas mains, oil. , AM. No. 17, pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and AM. No. 35 Part 2 telephone lines) shall be constructed closer than 3 metres to the boundary ofthe site which I forms the frontage to St. Kilda Road; (d) shops and cafes where permitted shall be located within the building in such position as may be approved by the responsible authority and so as not to be visible from St. Kilda Road; I and Inserted by AM. No.2 (e) no portion of the site or of any building thereon shall be used for the display of products goods or things (whether finished or unfinished or complete or incomplete) so that such products goods or things are visible from St. Kilda Road. I Special Use (3A) The following provisions shall apply to Special Use Zone No. 8A - Zone No. 8A - Shrine locality (a) the design of the exterior of all buildings and the layout of all sites shall be approved by the Inserted by AM. No.1 2 responsible authority after consultation with the Trustees for the time being of the Shrine of I Remembrance and shall be in keeping.with the immediate environment of the Shrine of Remembrance;

Amended by (b) no buildings or works shall be constructed to a height above a plane having reduced levels AM. No. 49 Part 2 above the Australian HeightDatum exceeding 25.38 metres and 23.86 metres respectively I on the St. Kilda Road and Wells Street frontage; Amended by (c) no building or works (other than a·fence and sewerage, drainage, water and gas mains, oil AM. No. 35 Part 2 pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and telephone lines) shall be constructed closer than 3 metres to any boundary ofthe site which I forms a frontage to St. Kilda Road and/ or Wells Street; (d) no part of the surface land within the distance specified in paragraph (c) hereof from the frontage shall be used for any purpose other than the enjoyment of a garden with appropriate access driveways; I (e) shops and cafes where permitted shall be located within the building in such position as may be approved by the responsible authority and so as not to be visible from St.,Kilda Road.

Special Use (3B) Land within a Special Use Zone No. 9A shall not be subdivided and no building or works (other I· Zone No. 9A - Civic than a fence and sewerage, drainage, water and gas mains, oil pipelines, electricity transmission . and Business Centre Inserted by AM. No. 65 lines operating at a voltage of less than 220,000 volts and telephone lines) may be constructed upon such land until the responsible authority has granted permission therefor. In determining whether or not such permission should be given or what conditions, if any, should be imposed the I responsible authority shall have regard to the orderly and proper planning ofthe zone for civic and business purposes including - (a) the existing use and possible future development of such land and of contiguous or adjacent I lands; (b) the amenity of the neighbourhood; (c) the setting aside of land for the purpose of a civic centre; I (d) the.area and dimensions of each allotment comprised in the subdivision; (e) plot ratio and height of buildings; (f) the separation of vehicular and pedestrian traffic; (g) the provision of accommodation for stationary vehicles; I (h) the landscaping of the site; and (i) the provision of the following services, that is to say; water, sewerage, drainage, electricity and gas. - I Shrine vista control (4) (a) The intention of this sub-clause is to ensure that the Shrine of Remembrance and its Amended by outline, as viewed from a 'position on or aboutthe centre of Swanston Street opposite the AM. No. 35 Part 2, AM. No. 49 Part 2, building known as and containing the State Library of Victoria is not in any way obscured, AM. No. 83 Part 2, rendered indistinct, encroached upon, made unclear or blurred by the constructi()n, I AM. No. 151 alteration or carrying out of any building or works on any land referred to in this sub-clause. I

108 (Reprint No.9) I I 24. (4) Confd ... (b) Notwithstanding anything contained in this Planning Scheme save with the permission of the responsible authority - I (i) no building or works shall be constructed to a height exceeding 22.34 metres above . the Australian Height Datum, on any land within 45.5 metres of the western alignment of such part of St. Kilda Road as lies between Nolan Street and Coventry Street; I (ii) no building or works shall be constructed to a height exceeding 33.00 metres above the Australian Height Datum, on any land situate within 76 metres of the western alignment of such part of St. Kilda road as lies between Albert Road and Fitzroy Street; and I (iii) no building or works shall be constructed to a height exceeding 33.00 metres above the Australian Height Datum, on any land situated within the area hereinafter described, that is to say - commencing at the intersection of the eastern alignment of Punt Road with the northern alignment of We"lngton Street, thence nonh-westerly I by a straight line to the intersection of the eastern alignment of St. Kilda Roaq with the western alignment of Punt Road, thence north-westerly by the eastern alignment of St. Kilda Road to the southern alignment of Domain Road, thence easterly by the southern alignment of Domain Road to a point 198 metres westerly of the western I alignment of Domain Street thence south-easterly by a straight line to a point on the northern alignment of Wellington Street, 573 metres easterly from the commencing point, thence westerly by the last mentioned alignments to the commencing point. In determining whether or not permission should be given or what conditions, if any, should I be imposed, the responsible authority shall take into consideration the views of the Trustees for the time being of the Shrine of Remembrance. (c) Nothing in this sub-clause shall be taken to authorise the grant of a permit to construct I buildings or works in a Height Control Area otherwise than in conformity with the provisions of Division 3B hereof. (5) In such part of Special Use Zone No.1 0 which lies within the City of South Melbourne - Special Use Zone No.1 0 - South (a) on any land having an abuttal or abuttals on a 'street or streets not less than 10 metres in Melbourne I width (other than that part of Wells Street as lies north of Bank Street) no portion of any Amended by AM.No.17, building (other than a fence) shall be constructed within 3 metres ofthefrontage or shall be AM. No. 134, constructed without the permission of the responsible authority within 1.8 metres of the AM.No.151 I sideage to any such street; (b) no part of the surface of land within the distance specified in paragraph (a) hereoffrom the frontage or any other boundary shall be used for any purpose other than the enjoyment of a garden with appropriate access driveways; I (c) no portion of the site or of any building thereon shall be used for the display of products Inserted by AM. No.2 goods or things (whether finished or unfinished or complete or incomplete) so that such products goods or things are visible from St. Kilda Road; and (d) notwithstanding the provisions of pa'ragraph (a) hereof - I (i) a basement may be constructed within the boundaries of the site provided that any such basement shall not project above ground level and within the distances from boundaries described in paragraph (a) hereof shall not be higher than 0.8 metre I below permanent footpath level of any abutting street; and (ii) any basement within the said distances from boundaries shall be covered by garden soil to a depth of 0.8 metre with the exception of any appropriate' access driveways. (5A) In such part of Special Use Zone No.1 0 which lies within the City of Prahran - Special Use I Zone No. 10- (a) on any land having an abuttal or abuttals on a street or streets not less than 10 metres in Prahran width, no portion of any building (other than a fence) shall be constructed within 3 metres of Inserted by AM. No. 27 Part 2 the frontage or within 1.8 metres of any other boundary which abuts on such a street; I (b) no part of the surface of land within the distance specified in paragraph (a) hereof from the frontage of any other boundary shall be used for any purpose other than the enjoyment of a garden with appropriate access driveways. (6) Save with the permission of the responsible authority no buildings or works (other than a fence Monash University I and sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines locality Amended by operating at a voltage of less than 220,000 volts and telephone lines) shall be constructed upon AM. No. 17, any land within Special Use Zone No; 11. In determining whether or not such consent should be AM. No. 35 Part 2 given and what conditions (if any) should be imposed should such consent be given the I responsible authority shall have regard to the development of the zone for purposes which are associated with or related to the activities carried on at Monash University and the responsible I authority shall take into consideration the views of the Monash University Council.

109 I (Reprint No.9) I 24. Cont'd ... Special Use (6A) Save with the permission of the responsible authority no building or works (other than a fence, a Zone No. 12 - tourist facilities sign if permitted by or pursuant to this Ordinance, and sewerage, drainage, water and gas mains, Inserted by AM. No.3 oil pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and - Part 1 A telephone lines) shall be constructed upon any land within a Special Use Zone No. 12. In Amended by AM. No. 115 Part 2A determining whether or not such permission should be given the responsible authority shall take into consideration the following: I (a) the primary purpose for which land is zoned which is to provide opportunityforthe bringing together of tourist facilities; (b) the orderly and proper planning of the zone; (c) the preservation of the amenity of the neighbourhood; (d) the layout and design of the proposed buildings or works; (e) the provision for ingress and egress from any site and the provision for the accommodation of stationary vehicles; I (f) the provision for and nature of landscaping on any site; and may impose such conditions (if any) on any permit issued as it deems fit. Main roads - setbacks (7) (a) Notwithstanding anything contained in this Part save with the permission of the I for buildings and responsible authority no building or works(other than for the provision of means of access if works Amended by permitted by or under this Part or for lawns, gardens and improvements 'ancillary thereto AM. No.2, AM. No. 17, and other than a fence, a sign if permitted by or pursuant to this Ordinance and sewerage, AM. No. 27 Part 2, AM. No. 35 Part 2, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a I AM. No. 72 Part 2A. voltage of less than 220,000 volts and telephone lines) shall be constructed and no AM. No. 77 Part 3, AM. No. 115 Part 2A provision for car parking spaces or access lanes to such car parking spaces shall be made upon any part of any land to which this sub-clause applies which lies within 9 metres of any land reserved for the purpose of a main road or of such roads or streets as are set out in I paragraph (c) hereof; Amended by (b) this sub-clause shall apply to any land situate in any part of any of the following zones, AM. No.2, AM: No. 17, AM. No. 49 Part 2, namely, Rural, Stream and Floodway, Corridor "A", General Industrial, Restricted General AM. No. 68 Part 2A, Industrial, Special Industrial, Light Industrial, Restricted light Industrial, Garden Industrial, I AM. No. 21 Part 8A. Reserved General Industrial, Reserved Special Industrial, Reserved Light Indu'strial, AM. No. 68 Part 28, AM. No.3 Part 1A Extractive Industrial, Offensive Industrial, Dangerous Industrial, Special Use No. 12, General Farming "A", Intensive Agriculture "A", Special Extractive "A", Landscape Interest "A", Conservation "A", as lies within the following municipal districts other than I such part or parts (if any) excluded therefrom, that is to say - Altona, Berwick, Box Hill, Broadmeadows, Bulla, Cranbourne, Croydon, Dandenong (excluding that portion abutting on the Princes Highway south of Foster Street). Diamond Valley, Doncaster and 1- Templestowe, Eltham, Footscray (excluding that portion abutting on the Princes Highway between Robbs Road and Sunshine Road, Ballarat Road, Hyde Street, Maribyrnong Street). Frankston, Heidelberg, Keilor, Knox, Melton, Moorabbin (excluding that portion abutting on North Road and on Nepean Highway north of South Road), Mordialloc, Nunawading, Oakleigh (excluding that portion abutting on North Road, Atkinson Street and Dandenong I Road between Warrigal Road and Atkinson Street), Pakenham, Ringwood, Springvale, Sunshine (excluding that portion abutting on Ashley Street, Dempster Street, Sunshine Road and Ballarat Road east of Duke Street). Waverley, Werribee and Whittlesea; and • Inserted by AM. No.2 (c) this sub-clause shall also apply to any land having a frontage to that part of the southern I alignment of Somerville Road, City of Footscray, as lies between the Princes Highway and Tottenham Parade. R ivers, creeks and (8) Notwithstanding anything contained in this Planning Scheme save with the permission of the watercourses - responsible authority, no buildings or works shall be constructed or carried out upon any land I setbacks for buildings and works (other than land situate in any area vested in or under the control of the Port of Melbourne Substituted by Authority) - AM. No.2 Amended by (a) within a distance of 60 metres from any bank of the following rivers, that is to say - AM.No.17, I AM. No. 115 Part 2A 1 . The Yarra River 2. The Maribyrnong River downstream from the junction with the Jackson's Creek; I (b) within a distance of 30 metres from any bank of any of the following creeks, rivers and watercourses, that is to say - 1. The Maribyrnong River upstream from the junction with .the Jackson'~ Creek I 2. The Kororoit Creek 3. The Skeleton Creek 4. The Laverton Creek 5. The Taylor's Creek (also known as Green Gully Creek and being the tributary which I enters the west bank of the Maribyrnong River at Keilor) I

110 (Reprint No.9) I I 24. (8) (b) Cont'd ... 6. The Jackson's Creek I 7. The Arundel Creek 8. The Moonee Ponds Creek 9. The Merri Creek 1- 10. The Darebin Creek 11. The Plenty River 12. The Diamond Creek I 13. The Mullum Mullum Creek 14. The Gardiner's Creek; and (c) within a distance of 15 metres from any bank of any of the following creeks and wntArr.nllrSAS. thflt is to sflY - I 1 . The Stony Creek 2. The Cherry's Drain 3. The Steele Creek, also known as the Rose Creek .1 4. The Melville Creek 5. The Edgar's Creek 6. The tributary of the Merri Creek, known as the Central Creek, which enters the east I bank of the Merri Creek near Glasgow Avenue, Preston 7. The tributary of the Diamond Creek, known as the Eltham West Drain, which enters the west bank of the Diamond Creek near Peel Street, Eltham 8. The Research Creek, being a tributary of the Diamond Creek. I 9. The Ruffey's Creek 10. The Koonung Creek 11 . The Back Creek I 12. The Scotchman's Creek 13. The Dandenong Creek 14. The Mile Creek including its two main tributaries which join south of Centre Road, I Springvale 15. The Doherty's Drain 16. The Kaye's Drain I 17. The Billingham Road Drain 18. The tributary of the Edgar's Creek which enters the west bank of the Edgar's Creek Amended by near Cooper Street, Whittlesea AM. No.17 19. The Merlynston Creek I 20. The Salt Creek 21. The two tributaries of the Moonee Ponds Creek, known as the Yuroke Creek and the Otway Crescent Drain, which join near the intersection of Broadmeadows Road and I Lyons Street, Broadmeadows. For the purpose hereof - Amended by AM. No. 70 Part 4A (a) "bank" means the relatively steep land which normally c<:>nfines the water flowing in the river, creek or watercourse; I (b) "works" shall not include works being undertaken or about Lu be undel1aken by a public authority - (i) to lay or place underground or under the surface of the ground sewerage, water and I gas mains, oil pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and telephone lines provided that on completion such mains pipelines, arid lines will not alter the topography of the land; (ii) to regulate, control, improve, restrict, prevent or otherwise deal with the flow of water I in rivers, creeks, streams, watercourses, stormwater drains and the like; (iii) to regulate, control, restrict, prevent or otherwise deal with floods and flooding; (iv) to construct, align, realign or redirect any river, creek, stream, watercourse, I stormwater drain and the like; (v) to bridge rivers, creeks, streams, watercourses, valleys and the like, but not the elevated approaches to suc~ bridge. I I

111 I (Reprint No.9) 24. Cont'd ... \ Altona - external (9) Notwithstanding anything contained in this Planning Scheme in such part of the Service walls in Service Business, light Business, Light Industrial and General Industrial Zones, which lie within the City of Altona, the Industrial and General following provisions apply - I Industrial Zones Substituted by (a) The external walls of that portion of any building within 15 metres of any street alignment AM. No. 17 shall be constructed of brick, masonry, concrete or other fire resistant material. , Amended by AM. No. 62 Part 2 (b) The external walls of that portion of any building beyond 15 metres of any street alignment I shall be constructed of brick, masonry, concrete or other fire resistant material up to window height or to a height of 1.8 metres above ground level, whichever is the lesser. Altona - Millers Road (9A) Notwithstanding anything contained in the Planning Scheme no buildings shall be constructed building setback Inserted by AM. No. 68 closer than 12.2 metres to the eastern ahd western alignments of Millers Road between Civic I Part 2B Parade and the northern boundary of the City of Altona without the permission of the responsible 'Amended by AM. No. 83 Part 2 authority. Sandringham - I (10) Notwithstanding anything contained in the Planning Scheme in such part of the Light Industrial special provisions in I light Industrial and and General Industrial Zones which lies within the City of Sandringham the following provisions General Industrial shall apply - Zones Substituted by (a) No building or works (other than appropriate access driveways, a fence, sewerage, AM. No. 68 Part 2B drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a I voltage of less than 220,000 volts and telephone lines) shall be constructed closer than 3 metres to any boundary of the site. (b) No part of any building in the said zones shall project above planes projecting inwards to the site at an angle of thirty degrees from the horizontal and based - I (i) in the case of a boundary of the site which forms a street alignment on the boundary of the site; (ii) in the case of a boundary of the site which does not form a street alignment on an assumed line parallel to and6 metres outside the boundary; I (iii) provided always that these restrictions as to the height of any building do not apply to the construction of a chimney stack or other part of a building where the greatest horizontal dimensions of such stack or part is not greater than 3.6 metres and further I provia.::r! that for the purpose of computing the height of any building, the surface of the site may be assumed to be horizontal and at a level equal to the average level of the mid points of each boundary. (c) No building or structure (other than a fence) shall be constructed if the site is of area less I than 1860 square metres or has less than 30 metres frontage to anyone street or a depth to the rear boundary of less than 45.7 metres, save that the responsible authority may grant permission for any site to be used for any purpose permitted in the Light or General Industrial Zones notwithstanding that it does not conform with any or all of the aforesaid I minimum requirements in respect of area, frontage or depth; provided it existed as a separate allotment on a plan of subdivision approved by the Council of the City of Sandringham, and lodged with the Office of Titles prior to the 26th day of April, 1949. (d) In this sub-clause "site" means the allotment or allotments of land used or intended to be I used for any purpose and occupied by one person, company or organization. Moorabbin - (11 ) Notwithstanding anything contained in the Planning Scheme the following provisions shall apply provisions for Business and to land within the City of Moorabbin: I Industrial Zones Inserted by AM. No. 14 (a) Where the site be situate in a Light Industrial Zone or a General Industrial Zone such site Amended by shall be not less than 585 square metres in area and shall have a minimum frontage of 15 AM. No. 17, metres. AM. No. 68 Part 2B (b) Save with the permission of the responsible authority no buildings shall be constructed in I the following zones, namely, District Business, Restricted Business, Local Business, Light Industrial, General Industrial, Special Industrial, Reserved Light Industrial, Reserved General Industrial, Commercial and Industrial, Service Industrial and Extractive Industrial, unless the external walls are constructed of bricks, stone, concrete or masonry. I Nunawading - (12) Notwithstanding anything contained in the Planning Scheme the following provisions shall apply setbacks and subdivisions to land within the City of Nunawading: Inserted by AM. No. 24 (a) No building shall be constructed closer than 6 metres to the eastern alignment of Goodwin Amended by I AM. No. 68 Part 2B Street for a distance of 58.5 metres north from Whitehorse Road. (b) No building shall be constructed closer than 10.5 metres to the eastern alignment of Goodwin Street from a point 58.5 metres north of Whitehorse Road to Springfield Road. (c) Save with the permission of the responsible authority no land contained within·- I (i) Certificate of Title Volume 6818 Folio 500 and being land off the north side of - Whitehorse Road commencing 157.7 metres east of Goodwin Street; I I

112 (Reprint No.9) I I 24.(12) (c) Cont'd ... (ii) Balance of Certificate of Title Volume 6768 Folio 1353515 and being land generally I between the extremities of Luckie Street and Almer Avenue; (iii) Certificate of Title Volume 8926 Folio 083 and being part of Burnt Street now closed; shall be subdivided.

(13) (a) The purpose of the Development Area No.1 is to cause land within the said area to be Development I Area No.1 resubdivided and developed in a manner consonant with current development Inserted by AM. No. 16 requirements. To achieve this aim the responsible authority proposes to acquire all the land within the Development Area No.1 and to cause it to be resubdivided, the roads constructed and the services installed and then developed and sold for residential, commercial and I industrial purposes in the manner shown on the "Plan of Intended Zoning and Development" . (h) The responsible authority will purchase, or with the alJlJruvClI of the Minister compulsorily I take, the whole of the land within the Development Area No. 1 and cause it to be resubdivided and to carry out developmental works either itself or through agents and to close any road or street and may, pursuant to and in conformity with th~ provisions of the Town and Country Planning Act 1961 (as amended) sell any part of the land which has I become vested in it. (c) Within the Development Area No.1 and as shown on the "Plan of Intended Zoning and Development" the roads or parts thereof shown black cross hachured are hereby closed or stopped up and all rights of way and other easements to which the same are subject are I • hereby extinguished and the land forming a closed road shall not be used for any purpose other than .in accordance with the provisions of the Planning Scheme providing that in relation to any road or roads which at the approval date forms or form the only means of access to any land, the responsible authority shall, until either alternative access is I available or access is no longer required, permit the use of such road or roads. for the purpose of such access and that the responsible authority shall make such arrangements and agreements as are necessary for the removal of any service installations and fixtures which may have been lawfully laid over, on or under such road or roads. I (d) Notwithstanding anything to the contrary in this Ordinance save with the permission of the Amended by responsible authority no building or works (other than sewerage, drainage, water and gas AM. No. 35 Part 2. AM. No. 77 Part 3 mains, oil pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and telephone lines) shall be constructed upon any land within the I Development Area No.1. In determining whether or not such permission shall be given or what conditions, if any, should be specified, the responsible authority shall have regard to the orderly and proper planning of the area including: (i) Location and layout of buildings and works; I (ii) Provision for ingress to and egress from any site; (iii) Provision of accommodation for stationary vehicles; (iv) * * * * * * * * * * * * * * * * * * * * * * * * Sub-paragraph (iv) deleted by AM. No. 77 I (v) The preservation, planting and maintenance of trees and landscaped areas. Part 3

(14) (a) The intention of this sub-clause is that - Royal Botanic Gardens vicinity­ (i) the landscape qualities and amenity of the Royal Botanic Gardens should be control of building I preserved; height Substituted by (ii) vegetation within the said Gardens and the suitability of such Gardens for the growth AM. No.41 of any vegetation shall not be adversely affected; I (b) Notwithstanding anything contained in the Planning Scheme, no buildings or works shall be constructed to a height exceeding 12 metres above the permanent footpath level in front of the centre of the face of the buildings or works on any land situated within the area bounded by Alexandra Avenue, Punt Road, Toorak Road, Arnold Street, Bromby Street, I St. Kilda Road, Domain Road and Anderson Street; (c) Notwithstanding anything contained in this Planning Scheme, save with the permission of the responsible authority no buildings or works shall be constructed to a height exceeding 12 metres above the permanent footpath level in front of the centre of the face of the I buildings or works on any land situated within the areas bounded by - (i) Swan Street, the western side of the reservation for the Sandringham Railway, the South Eastern Freeway and Batman Avenue; (ii) Alexandra Avenue, the western side of the reservation for Sandringham Railway, I Toorak Road and Punt Road; (iii) Arnold Street, Bromby Street and St. Kilda Road; In determining whether or not such permission should be given or what conditions, if any I should be specified, the responsible authority shall have regard to - I

113 I (Reprint No.9) I 24. (14) (c) Cont'd ... (i) the extent to which any buildings or works would or at any time may be visible from within any part of the Royal Botanic Gardens; I (ii) the likely effect of any such buildings or works on air turbulence within any part of the said Gardens; (iii) the likelihood of any such buildings or works overshadowing any part of the said Gardens; I and shall take into consideration the views of the Director of the Royal Botanic Gardens and other appropriate bodies. Sub-clauses (15) and (15) * * * * * * * * * * * * * * * * * * * * * * * * * * * * (16) deleted by I AM. No. 68 Part 28 (16) * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mordialloc - special (17) Notwithstanding anything contained in the Planning Scheme in such part of any Industrial Zone provisions in Industrial Zones which lies within the City of Mordialloc. the following provisions shall apply - I Substituted by AM. No. 115 Part 2A (a) no building or works (other than a fence. a sign if permitted by or pursuant to this Ordinance. and sewerage. drainage. water and gas mains. oil pipelines. electricity transmission lines operating at a voltage of less than 220.000 volts and telephone lines) shall be constructed on land comprising an allotment having a frontage of less than 15 metres; and I (b) each building capable of separate occupation shall be contained in a site having an' area of not less than 585 square metres available exclusively to such occupancy. Malvern - building (18) Notwithstanding anything contained in the Planning Scheme no building (other than a fence) may setbacks in Weir I Street be constructed on land in the Light Industrial Zone within 6 metres of the street alignment of Weir Inserted by AM. No. 34 Street in the City of Malvern. Part 1 West Gate Bridge (19) .Save with the permission of the responsible authority. no buildings or works shall be constructed Port Melbourne and Williamstown - ,t' upon any land within a distance of 46 metres from the reservation for Existing Main Road - 1 setbacks for buildings and works (a) in the City of Port Melbourne. immediately north of Howe Parade. and such land is located Inserted by AM. No. 34 within the Transportation Zone; and Part 2 (b) in the City of Williamstown, south of Stony Creek, between Hyde Street and Hall Street. I such land is located within a General Industrial Zone. In determining whether or not such permission should be given or what conditions, if any, should I be specified, the responsible authority shall have regard to the possible risk of any damage from fire both to buildings and works on such land and to structures and works constructed on the said reservation and shall take into consideration the views of the West Gate Bridge Authority.

Light Industrial Zone­ (20) The land within that part of the Light Industrial Zone situate at the south east corner of Bridge Bridge Road and Road and Stawell Street, City of Richmond, having frontages of approximately 299.9 metres to the Stawell Street. I Richmond east side of Stawell Street and 57.7 metres to the south side of Bridge Road, shall not be subject to Inserted by the provisions of Clause 14(1 )(c) of this Ordinance and may be developed for the purposes of light AM. No. 163 industry, warehouse, and/or store, (including any activity or activities normally carried on by any such use) provided that: I (a) the floor area of offices constructed after the approval date hereof shall not exceed 500 square metres; (b) a landscaped buffer strip of width not less than 4.5 metres shall be provided adjacent to the northern boundary, except where vehicular access is to be provided from Bridge Road; I (c) a landscaped buffer strip of width not less than 4.5 metres shall be provided adjacent to that part of the eastern boundary of the land within 165 metres south of Bridge Road; (d) a landscaped buffer strip of width not less than 4.5 metres interspersed with not more than I 15 car spaces shall be provided adjacent to that part of the western boundary of the land within 160 metres south of Bridge Road, and where practicable a landscaped buffer strip shall be provided adjacent to the remainder of the western boundary of the land; (e) screen fencing shall be provided adjacent to the northern boundary and western boundary I (within 160 metres south of Bridge Road) of the land; (f) provision shall be made for not less than 96 car spaces (in addition to those car spaces referred to in (d) above) complying with the provisions of Clause 28 of the Ordinance; (g) the loading and unloading of vehicles and delivery of goods shall at all times be effected I· within the curtilage; (h) one vehicular crossover only shall be provided between the land and Bridge Road; and (i) one vehicular crossover only shall be provided between Stawell Street and that part of the I land within 184.4 metres south of Bridge Road. I I

114 (Reprint No.9) I I 24. Cont'd ... (21) (a) The use of land for any of the purposes specified or included in Column 4 of Section 34A of Special Use the Table to Clause 7 shall be subject to the following conditions: Zone No. 13- I St. Kilda Road, (i) no building shall be constructed which exceeds the appropriate plot ratio (including St. Kilda Inserted by AM. No. 45 any existing buildings to be retained) set out in Table 1 to this sub-clause when regard is had to the site area thereof and to the percentage of residential floor space I comprised within such building or buildings; (ii) notwithstanding the provisions of sub-paragraph (i) hereof, the responsible authority may permit the maximum plot ratio applicable in the appropriate circumstances to be increased by not more than 0.20. In considering any application for any such increase I in the plot ratio the responsible authority shall amongst other considerations have regard to the extent to which any detriment resulting from the increased plot ra·tio is offset by the siting standards contained in this sub-clause; llli) save with the permission of the responsible authority, the percentage of residential I floor space which the maximum plot ratio of any building is calculated pursuant to Table 1 to this sub-clause, shall not be reduced; (iv) no portion of any building shall be constructed closer to the boundary of any road or street referred to in Column 1 of Table 2 to this sub-clause than the distance set forth I opposite thereto in Column 2; (v) the surface of the area of any land within the distance specified from the boundary of any road or street referred to in Table 2, to this sub-clause shall, with the exception of I any pedestrian or vehicular accessways not exceeding a total width of 4.5 metres or such greater width as the responsible authority may permit, be developed and maintained with lawns, gardens, shrubs, trees and related features; (vi) no vehicle shall be parked upon the land in such manner asto be visible from any road I or street specified in Table 2 to this sub-clause; (vii) fences on or within any land within the distance specified from the boundary of any road or street referred to in Table 2 to this sub-clause shall not exceed 0.3 metre in height; I (viii) no portion of any building shall be built closer than 4.5 metres to a boundary of any site, except that in the area bounded by Charnwood Road, St. Kilda Road, Farmer Street. the extension of the centre line thereof and the eastern boundary of Special I Use Zone No. 13 no such setback shall be required; (ix) (a) a basement may be constructed within the boundaries of the site provided that the top of the structure of any such basement closer to the street than the minimum distance permitted for any building on that site shall not be higher than the level of the street or road; (b) where the basement is located closer to any street than the minimum distance ~ permitted for any building, such basement shall be covered to a depth of 0.75 metre with garden soil; I (c) no stair or ramp to any basement shall be located within 4.5 metres of the west side of St. Kilda Road. (b) Notwithstanding anything contained in the Planning Scheme save with the permission of Amended by the responsible authority no land situate in the Special Use Zone No. 13 shall be AM. No. 120 Part 3A I commenced to be used for the purpose of offices until accommodation is provided for stationary vehicles in the ratio of 1 car space for each 33 square metres of the floor area of all buildings used for such purpose and such accommodation shall be provided in I accordance with the provisions of Clause 28(2) of this Ordinance. TABLE 1 TO SUB-CLAUSE (21) OF CLAUSE 24 I Maximum Plot Ratios Residential Floor Space Percentage Site Area More (Square 0% Less Less Less Less 50% than Metres) to than than than than to I 10% 20% 30% 40% 50% 80% 80% 0- 500 1.00 1.00 1.00 1.00 1.00 1.25 1.00 501- 700 1.25 1.30 1.35 1.40 1.45 1.50 _1.25 I 701-1000 1.60 1.70 1.80 1.90 2.00 2.25 2.00 1001-1500 2.30 2.35 2.40 2.45 2.50 2.75 2.50 1501-2000 2.55 2.60 2.65 2.70 2.75 3.00 2.75 2001-3000 2.80 2.85 2.90 2.95 3.00 3.25 3.00 I 3001 and over 3.05 3.10 3.15 3.20 3.25 3.50 3.25 I

115 I (Reprint No.9) I TABLE 2 TO SUB-CLAUSE (21) OF CLAUSE 24

COLUMN 1 COLUMN 2 St. Kilda Road (west side). 9 metres I Carlisle Street (portion on north side, east of St. Kilda Road). 9 metres Princes, Wellington, Barkly, Inkerman, Carlisle (portion on north side, west of St. Kilda Road) Streets, Alma Road and Charnwood Road. 4.5 metres I

St. Kilda Road. South (22) Notwithstanding anything contained in this Planning Scheme, in that part of the Restricted Yarra. City of Business Zone which lies within the area bounded by St. Kilda Road, Toorak Road, Arnold Street Melbourne - noise I· controls in Restricted and Bromby Street within the City of Melbourne, the following provisions shall apply: Business Zone Inserted by AM. No. 70 (a) No music or voice amplified within any part of the building on the site shall be audible Part4C outside the said building. (b) No live entertainment, band or amplified music or amplified voice shall be allowed in any I area within the site outside the building, including the car park and forecourt area. (c) The proprietors of any restaurant within the site shall use their best endeavours to ensure that patrons enter and leave the restaurant so as not to cause unreasonable noise. I Industrial Zones - 24A. (1) Save with the permission of the responsible authority no building or works (other than provision building setback. for accommodation of stationary vehicles including parking areas, and loading and unloading bays landscaping and height control and appropriate access driveways, a fence, a sign if permitted by or pursuant to this Ordinance I Substituted by and sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines AM. No. 115 Part 2B operating at a voltage of less than 220,000 volts and telephone lines) shall within the municipality specified in Column 1 of Table 1 to this Clause be constructed in any industrial zone closer to the frontage or sideage to any street, road or road reservation than the distances set forth in Column 2 I or 3 respectively and save with the further permission of the responsible a uthority a garden buffer strip, shall be provided adjoining the frontage and having the width of garden buffer strip specified in Column 4 of the said Table. Substituted by (2) Save with the permission of the responsible authority no building or works (other than provision I AM. No. 115 Part 28 for accommodation of stationary vehicles including parking areas, and 10(jding and unloading bays and appropriate access driveways, a fence, a sign if permitted by or pursuant to this Ordinance and sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and telephone lines) shall within the municipality I and zone or zones specified in Column 1 and Column 2 respectively of Table 2 to this Clause be constructed closer to the frontage or sideage to any street, road or road reservation specified in Column 3 than the distances set forth opposite thereto in Columns 4 and 5 respectively and save with the further permission of the responsible authority a garden buffer strip shall be provided I adjoining the frontage and having the width of garden buffer strip specified in Column 6 of the said Table.

Inserted by (2A) Where buildings and works are set back pursuant to sub-clauses (1) and (2) hereof no goods or AM. No. 115 Part 2A I materials shall be stored within such setback without the permission of the responsible authority. (3) Where buildings and works are set back to the sideage in accordance with the Tables to this Clause save with the permission of the responsible authority a garden buffer strip having a width of not less than 1.8 metres shall be provided along such sideage except that within the City of I Waverley, save with such permission, the whole of such setback shall be landscaped with lawns, gardens, shrubs and trees.

Amended by (4) Save with the permission ofthe responsible authority no building or works (other than appropriate AM. No. 115 Part 2A. I AM. No. 138 Part 2A access driveways, a fence, a sign if permitted by or pursuant to this Ordinance and sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines operating at a voltage of less than 220,000 volts and telephone lines) shall be constructed in any industrial zones nearer to the boundary of any Residential or Reserved Living Zone or to land reserved or used for the I purpose of a hospital or a school than the distance obtained using the following formula -

D = 1.5 + ~ where D = minImum horizontal distance in metres of a wall of a building from a boundary I and H = building height in metres of the highest point of such wall and save with such permission the land so set aside shall be used wholly for a garden buffer strip. Amended by (5) (a) The land set aside for a garden buffer strip, the width of such being as specified in the Tables AM. No. 115 Part 2A I to this Clause or in sub-clause (3) or (4) hereof, shall be landscaped with lawns, gardens, shrubs and trees and continuously maintained to the satisfaction of the responsible authority, and shall not be used for any other purpose except for appropriate access driveways or footpaths. I I

116 (Reprint No.9) I 24A. (5) Cont'd ... (b) When the garden buffer strip adjoins a car park. a screen wall or a masonry kerb (of a minimum height of 150 millimetres) shall be erected along the boundary of the garden I buffer strip and such car park.

(6) In determining whether or not permission shall be granted to reduce or waive the provisions of Amended by 1./ sub-clauses (1). (2). (2A). (3) or (4) hereof and if permission is to be granted what condition or AM. No. 115 Part 2A conditions should be imposed the responsible authority shall have regard to:- . (a) ·the orderly and proper planning of the zone; (b) the amenity of the neighbourhood; and \ I (c) the existing development (if any) of the land and of adjoining land. ~ (7) (a) Save with the permission of the responsible authority no building or works shall be Amended by constructed in. any industrial zone (other than in the municipal district of the City of AM. No. 151 Sandringham) so as to exceed a height of 7.0 metres above ground level and in determining I whether or not such permission shall be granted and if permission is granted what condition or conditions should be imposed. the responsible authority shall have regard to:- (i) the orderly and proper planning of the zone; I (ii) the amenity of the neighbourhood; and (iii) the need for the proposed buildings or works to be set back a distance from the frontage. sideage or any other boundary greater than the distances required pursuant ·to this Clause. (b) Notwithstanding the provisions of paragraph (a) hereof no building or works shall be constructed in a Height Control Area other than in conformity with the provisions of Division 3B. I TABLE 1 TO CLAUSE 24A I COLUMN 1 COLUMN 2 COLUMN 3 COLUMN4 Width of I Distance Distance Garden Municipality from from Buffer Strip Frontage Sideage Adjoining Frontage I Brunswick \ Caulfield Coburg Collingwood I Essendon Fitzroy Footscray Hawthorn ) 4.5 metres 1.8 metres 1'.8 metres I Malvern Melbourne Northcote Prahran I Richmond St. Kilda South Melbourne I Kew 7.6 metres 1.8 metres 1.8 metres Box Hill \ Brighton Broadmeadows Dandenong I Frankston Heidelberg Keilor ) 9 metres 3 metres 3 metres Moorabbin I Nunawading I Oakleigh Preston Ringwood I Whittlesea Camberwell Doncaster & 9 metres 3 metres 6 metres I T emplestowe i Mordialloc 9 metres 6 metres 6 metres Chelsea Springvale 9 metres 4.5 metres 9 metres I Sunshine ! Eltham 15.2 metres 4.5 metres 3 metres Bulla I Melton } 20 metres 4.5 metres 20 metres 117 (Reprint No.9) I T~BLE 2 TO CLAUSE 24A

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 I Street. Road or Width of Garden I Distance from Distance from Municipality, Zone or Zones Road Buffer Strip Frontage Sideage Reservation Adjoining - Frontage I , - ~ Altona General Industrial Main Roads 18$metres 3 metres except 9 metres Light Industrial where two Main I Reserved Light Roads intersect in , I - Industrial I which case the Reserved General I distance shall be Industrial 9.0 metres. I Secondary Roads 12.2 metres 3 metres except 6 metres where two

Secondary Roads , I intersect in which I case the distance shall be 6.0 metres.

\ All other streets 9 metres 3 metres 3 metres / 'I or roads Berwick All industrial All streets or 9 metres 4.5 metres 9 metres zones roads having a I width of 15.2 - I metres or less

All streets or 20 metres 4.5 metres 20 metres / roads having a - I width in excess of 15.2 metres ,Cranbourne General Industrial Abbots Road 20 ·metres 4.5 metres 20 metres Reserved General (east of ,I Industrial Eumemmerring Reserved Light Creek) Industrial Dandenong/ Hastings Road I Frankston/ Dandenong Road (south of . -~ Dingley By-Pass) I Dingley By-Pass South Gippsland Freeway South Gippsland , I - Highway (except where land fronts an alternative access road) I Greens Road (except land included in Crown Portion I

92) I All other streets 6 metres 3 metres 6 metres or roads I . I Diamond Valley Reserved Light Grimshaw Street 9 metres 3 metres 9 metres I Industrial All other All streets or 6 metres 3 metres 6 metres industrial zones roads I , - ! I I

118 (Reprint No.9) I I: TABLE 2 TO CLAUSE 24A (Cont'd.) . COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6

Width of Garden Street, Road or Buffer Strip Municipa,lity Zone or Zones Road Distance from Distance from Adjoining Reservation Frontage Sideage Frontage . I \ Port Melbourne All industrial Graham Street 6 metres 3 metres 3 metres zones Lorimer Street Salmon Street I Todd Road Williamstown Road All other streets 4.5 metres 1.8 metres 1.5 metres I or roads Sandringham Light Industrial Reserve Road 12.6 metres 12.6 metres 3 metres Amended by AM. No.91 General Industrial (west side Part 2 between the I north building line ofTulip Street and the southern I alignment of Bay Road) Bay Road 12.6 metres 12.6 metres 3 metres (between I western , alignment of Reserve Road and 94.24 metres east of , the eastern alignment of I Miller Street) . .1 All other streets 7.6 metres 7.6 metres 3 metres or roads , Waverley Light Industrial Elliot Street 7.6 metres 7.6 metres 7.6 metres Amended by AM. No. 120 I General Industrial Sixth Avenue Part 3A Reserved Light (east side) Industrial Evans Street - Reserved General Florence Street . I Industrial Colin Court Leslie Court Aristoc Road Myrtle Street Palmer Court I Expo Court Lionel Road Commercial Road Industrial Avenue I Howleys Road Geddes Street - Pickering Road \ McDonalds Lane I Miles Street Kalimna Avenue Roberts Avenue Highfield Avenue I Glenvale Crescent (north/south alignment) Rosemary Court I Village Court I I 119 I (Reprint No.9) , TABLE 2 TO CLAUSE 24A (Cont'd.) I

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 , Street, Road or Width of Garden I Distance from Municipality Zone or Zones Road Distance from Buffer Strip Frontage Reservation Sideage Adjoining Frontage I Montepellier 10.6 metres 10.6 metres' 10.6 metres Road Wilson Road Hardner Road Ricketts Road I Gilby Road Normanby Road Gardiner Road Dunlop Road I Lexia Place Garden Road Glenvale Crescent (east/west I alignment) - , Redwood Crescent Faigh Street or I any new street , created within the said zones. -, General Industrial Highbury Road 13.7 metres 13.7 metres 13.7 metres I Light Industrial Huntingdale Road Forster Road , Blackburn Road Waverley Road 1 Amended by Light Industrial Springvale Road - 20 metres 20 metres 20 metres AM. No. 20 General Industrial SerVice Road Part 3A Reserved Light Wellington Road - -I Industrial Service Road Reserved General Princes Highway Industrial - East Service Road ~ Springvale Road I Ferntree Gully Road Wellington Road Warrigal Road I (east side) Werribee Special Use No.7 Fitzgerald Road 20 metres 4.5 metres 10 metres Offensive Boundary Road Industrial Dohertys Road I Little Boundary Road All other streets 10 metres 3 r,letres "10 metres , I or roads General Industrial Fitzgerald Road 20 metres 3 metres 10 metres Leakes Road Reserved General' All other streets 10 metres 3 metres 10 metres I Industrial or roads Light Industrial All streets or 6 metres 3 metres 3 metres Reserved Light roads Industrial I Williamstown Light Industrial All streets or 4.5 metres 1.8 metres 4.5 metres General Industrial roads Special Industrial I Reserved Light All streets or 20 metres 4.5 metres 20 metres Industrial roads Reserved General Industrial I, Extractive Industrial I 120 (Reprint No.9) I I 25. (1) Land except land in a Special Extractive "A" Zone may only be used or subject to the provisions of Extractive industry Division 2 of this Part continue to be used for the purpose of extractive industry subject to Substituted by AM. No. 35. Part 2 compliance with the following conditions - Amended by AM. No. 21 Part SA, . (a) extraction shall be carried out only on such portion of the land as may be permitted by the AM. No. 120 Part 3A I responsible authority; (b) when so required by the responsible authority any land which has been excavated shall be filled, sloped, resoiled or planted with protective vegetation to the approval of the authority, provided that current or proposed extractive operations are not detrimentally affected I thereby and for the purpose of future resoiling, any excavated top soil unsuitable for the processes being carried on shall be carefully stacked on the land and preserved and shall not be removed therefrom; I (c) shrubs and trees shall be planted and maintained in such a manner as to screen the activities on the site to the satisfaction of the responsible authority; and (d) facilities shall be provided to the satisfaction of the responsible authority for the accommodation of vehic:lp.s of employees or vehicles uscd in connection with the works. I In determining whether or not permission pursuant to paragraph (a) hereof should be given the responsible authority shall have regard to the nature and chacteristics of the material proposed to be extracted and of the adjacent land and may impose such conditions as are considered necessary to prevent any injury, damage, or obstruction to any street, road, sewer, watercourse I (whether natural or artificial), drain, adjoining land or works or buildings thereon, provided however that no alteration of the natural condition or topography of the land (other than alterations for driveways, drains or landscaping for tree planting or beautification purposes) shall be made closer than 20 metres to the boundary of any land not included in an Extractive Industrial I Zone. (2) Land may only be used or subject to the provisions of Division 2 of this Part continue to be used for Petrol Filling Station - the purpose of a petrol filling station subject to compliance with the following conditions or such conditions I modifications as the responsible authority may permit - (aa) the site shall have a frontage of not less than 36 metres and a depth of not less than 30 Inserted by AM. No.2 Amended by metres (except a corner site may have a frontage of not less than 30 metres) and have an AM. No. 57 Part 2 area of not less than 1080 square metres; I (a) the vehicular crossovers between the site and any existing or new street shall not exceed two in number and at the street alignment each shall be - (i) not more than 7.7 metres in width whether or not any land over which there are public or private rights of way is included; I (ii) not closer than 4:5 metres to any other such crossove~; Amended by AM. No.17 (iii) not closer than 7.7 metres to the alignment of any other street or in the case of a splayed corner not closer than 7.7 metres to the nearest end of such splay; and I (iv) not closer than 1.8 metres to any vehicular crossing on other property or land in other occupation; (b) concrete kerbs shall be provided on the street alignment except at the crossovers, sufficiently high to prevent the passage of vehicles; I (c) no wall of any building shall be erected closer than 9 metres to any street alignment and no Amended by AM. No.2 canopy shall be erected closer than 2.5 metres to any street alignment, and no petrol pump, pump islands, water and air supply points or filling point shall be located closer than 3.6 metres to any street alignment; (d) vehicles filling storage tanks shall stand wholly within the curtilage while so doing and the layout of the buildings and works shall be so located that a vehicle measuring 13.8 metres by 2.5 metres can enter and leave the site moving in a forward direction; I (e) no vehic:le shall be serviced unless it is wholly within the curtilage; (f) where the site has a common boundary or common boundaries with land within a Inserted by AM. No.2 residential zone- Amended by AM. No. 56 Part 26 (i) provision shall be made along the common boundary or boundaries and within the I site for a planting strip 3 metres wide and such strip shall be planted and maintained· to the satisfaction of the responsible authority; and (ii) all external light fittings excluding internally illuminated signs within the vicinity of I such boundary or boundaries shall be provided with suitable baffles so that no direct light is emitted outside the site; (g) the 'buildings and works constructed and activities carried out on the site shall not cause Inserted by AM. No. 17 injury to or prejudicially affect the amenity of the locality by reason of the appearance of I such buildings and works or any materials on the site or by reason of emission of noise, vibration, smell, fumes, smoke, vapour, steam, dust, waste products, oil or otherwise; I I 121 I (Reprint No.9) 25. (2) Cont'd ... I Substituted by (h) where wastes from any vehicle wash areas are not discharged to a sewer forming p'art of a AM. No. 120 Part 3A sewerage system operated by a public authority, such wastes shall be rec~ived by a settlement and oil separation system complying with any Regulations made or licences granted pursuant to the Environment Protection Act 1970 and installed to the satisfaction I of the responsible authority; and Inserted by AM. No. 56 (i) where the use of land for such purpose commences after the approval date hereof and ·Part 2B where'the land is located in a Residential "A", Residential "S", Residential "C" or I Residential "0" Zone - (i) the site shall have a common boundary with land located in a Business or Industrial Zone as defined herein or shall be abutted on two boundariesby either a main road or secondary road reservation (or combination thereof); I (ii) the area of the site shall not exceed 3000 square metres or in the case of a site which is abutted on two boundaries by a main road or s8condary road reservation (or combination thereof) 3600 square metres; (iii) the hours of operation shall be stated as a condition of any permit issued pursuant to this Ordinance; and (iv) bunting, streamers and festooning shall not be displayed. I Car sa·les, boat sales (3) Land mayonly be used or subject to the provision of Division 2 of this Part continue to be used for and industrial sales - conditions the purpose of car sales, boat sales and industrial sales (being premises used for the sale, lease or Inserted by AM. No.2 hire of motor vehicles) in accordance with the following conditions subject to such modifications Amended by (if any) as the responsible authority may permit. AM. No. 17, I AM. No. 35 Pan 2, (a) No building other than a fence or an office having an area not exceeding 19 square metres AM. No. 68 Part 2B and provided with appropriate toilet facilities shall be erected without the further permission of the responsible authority. (b) The vehicular crossings between the site and any existing or new street shall not exceed I two in number and at the street alignment shall not exceed 9.2 metres in width. (c) Within a distance of 6 metres from any street alignment except where a kerb is installed, the area shall be concreted or otherwise permanently sealed and such concreting or sealing shall be carried out to the satisfaction of the responsible authority. I (d) Along any street alignment, a kerbing of a minimum height of 225 millimetres and width 150 millimetres or fence shall be erected in a position that will prevent vehicular access to I the street other than where driveways are provided and will also prevent veh!cles being positioned so that any portion thereof shall project beyond the limit of the site. Substituted by (e) There shall be provided within the site for the washing of vehicles, a concrete pqved AM. No. 120 Part 3A washing bay which shall be so constructed that all wastes not discharged to a sewer forming part of a sewerage system operated by a public authority, shall be received by a I settlement and oil separation system complying with any Regulations made or licences granted pursuant to the Environment Protection Act 1970 and installed to the satisfaction of the responsible authority. (f) No water shall be discharged from the site other than by means of an underground pipe I drain discharged to an approved outlet in a street or to an underground pipe drain to the satisfaction of the responsible authority. . (g) No vehicle shall be washed other than in the washing bay. Amended by (h) No vehicle or boat offered for sale by or under the control of the proprietor shall be parked in I AM. No. 68 Part 2B any adjacent street. (i) An area of not less than 1 space for each 10 spaces or part thereof within the site shall be set aside for the parking of customers' and employees' vehicles and for vehicle valuation I purposes. Inserted by AM. No. 35 (j) The area set aside and to be maintained for customer parking and valuation purposes Part 2 I pursuant to paragraph (i) hereof shall b~.clearly identified by a sign having letters of a minimum height of 50 millimetres and bearing the words "customer parking". I Amended by (k) No repairs to vehicles or boats shall be carried out on the site. AM. No. 68 Part 2B (I) Where the site has a common boundary or common boundaries with land within a residential zone - I (i) provision shall be made along the common boundary or boundaries and within the site for a planting strip 3 metres wide and such strip shall be planted and maintained to the satisfaction of the responsible authority; (ii) the whole of the site other than that portion occupied by buildings shall be sealed to I obviate any nuisance created by dust, grit or otherwise; and (iii) all light-fittings shall be provided with suitable baffles so that no direct light is emitted outside the site. I, I, 122 (Reprint No, 9) I I 25. (3) Cont'd ... (m) Where the motor vehicles involved are motor cars the number of such vehides brought, Inserted by AM. No. 35 kept or exposed for sale or hire on the site shall not exceed 1 car to each 30 square metres of Part 2 gross site area. I I (n) Where the subject land comprises more than one allotment the whole of the land shall be Inserted by AM. No. 35 consolidated into the one title. Part 2

(4) Land may only be used or subject to the provisions of Division 2 of this Part continue to be used for Mechanical car wash the purpose of a mechanical car wash subject to compliance with the following conditions or such - conditions I Inserted by AM. No. 34 modifications as the responsible authority may permit - Part 2 (a) the vehicular crossovers between the site and any existing or new street shall not exceed two in number and at the street alignment each shall be - I (i) not more than 7.7 metres in width whether or not any land over which there are public or private rights of way is included; (ii) not closer than 4.5 metres to any other such crossover; I (iii) not closer than 7.7 metres to the alignment of any other street or in the case of a splayed corner not closer than 7.7 metres to the nearest end of such splay; and (iv) not closer than 1.8 metres to any vehicular crossing on other property or land in other occupation; I (b) queuing lanes shall be provided within the site sufficient to accommodate not less than 10 vehicles prior to entry to any mechanical car wash and sufficient to accommodate not less than 2 vehicles between the exit from such mechanical car wash and the nearest vehicular crossover from the site; I (c)" queuing lanes shall be clearly delineated on the ground and shall be clearly marked for use only by vehicles queuing to be washed; (d) if petrol sales facilities are available to vehicles in the queuing lanes the length of the queuing lanes shall be sufficient to accommodate not less than 10 vehicles within the site I prior to reaching the point at which those facilities are available; (e) concrete kerbs shall be provided on the street alignment, except at the crossovers, sufficiently high to prevent the passage of vehicles; I (f) where the site has a common boundary or common boundaries with land within a . residential zone provision shall be made along the common boundary or boundaries and within the site for a planting strip 3 metres wide and such strip shall be planted and maintained to the satisfaction of the responsible authority; I (g) where wastes from any vehicle wash areas are not discharged to a sewer forming part of a 5 ubstituted by sewerage system operated by a public authority, such wastes shall be received by a AM. No. 20 Part 3A settlement and oil separation system complying with any Regulations made or licences granted pursuant to the Environment Protection Act 1970 and installed to the satisfaction I of the responsible authority; (h) no building or works shall be of a temporary or portable nature; and (i) the buildings and works constructed and activities carried out on the site shall not cause I injury to or prejudicially affect the amenity of the locality by reason of the appearance of such buildings and works or any materials on the site or by reason of emission of noise, vibration, smell, fumes, smoke, vapour, steam, dust, waste products, oil or otherwise.

(4A) (a) Land in a Special Extractive "A" Zone shall not be subdivided into allotments until a plan of Special Extractive "A" I subdivision has been submitted to and approved by the responsible authority. In Zone Inserted by AM. No. 21 conSidering whether or not permission to subdivide should be given the responsible Part 8A authority shall have regard to the primary purpose for which the land is zoned namely the Amended by AM. No.1 04 Part 2A extraction of proven stone deposits. I (b) In determining whether or not permiSSion to use land in a Special Extractive '·A·' Zone.for any of the purposes specified or included in Column 4 of Section 38A should be granted, the responsible authority shall take into consideration the views of the Department of Minerals a nd Energy with respect to the existence and sig nifica nce of a ny deposit of stone withi n the meaning of the Extractive Industries Act 1966 on and within the vicinity of such land.

(5) Land may only be used or subject to the provisions of Division 2 of this Part continue to be used for Massage parlour­ the purpose of a massage parlour provided the site is located more than 40 metres from any part of condition Inserted by AM. No. 83 I any of the following zones namely a Residential :'A" Zone, Residential "8" Zone, Residential "C" Part 2 Zone, Residential "D" Zone or a Reserved Living Zone.

(6) Land may only be used or subject to the provisions of Division 2 ofthis Part continueto be used for Adult sex book and the purpose of an adult sex book and sex aid establishment provided the site is located more than sex aid establishment I - condition 200 metres from any part of any of the following zones namely a Residential "A" Zone, Residential Inserted by "8" Zone, Residential "C" Zone, Residential "D" Zone or a Reserved Living Zone orfrom any land AM. No. 178 ,I reserved for the purpose of a primary school, secondary school or technical school. I 123 I (Reprint No.9) I Division 3A - Control of Outdoor Advertising

25A. (1) Subject to the provisions of this Division any sign or any supporting structure thereof on any land Control of signsi within a zone designated, or on any land otherwise described or designated, as forming part of a within Categories Inserted by AM, No. 77 I Category set out in Colum~ 1 of the Table to this Clause - Part 3 (a) may, if specified in Column 2 of such Category, be constructed or exhibited; (b) may, if specifi.ed in C~lumn 3 of such Category, be constructed or exhibited provided the I condition or conditions set forth opposite such sign are complied with; , (c) may, if specified or included in Column 4 of such Category, only be constructed or exhibited subject to the permission of the responsible authority; I (d) shall, if specified or included in Column 5 of such Category, not be constructed or exhibited. (2) In determining whether or not permission shall be granted for any sign specified or included in Column 4 of a Category to the said Table or what conditions, if any, shall be imposed, the responsible authority Shilll have regard to - . (a) the preservation of the amenity of the neighbourhood including the possible creation of visual disorder or clutter; (b) the effect of the proposed sign on the built environment or the landscape whether rural or natural, and particularly to any objects of scenic, historic, architectural, scientific or cultural I interest; (c) the effect of asign located on land within a zone or land otherwise described or designated in a Category of lesser advertising control on the amenity of land in a neighbouring zone or I land otherwise described or designated in a Category of greater advertising control; (d) the possible effect of the proposed sign on the safety of persons using any road, railway, waterway, or other public 'way; (e) the effect of the proposed sign on the appearance and efficiency of any road, railway, I waterway or other public way. (3) In the application of the provisions of this Clause where a sign may fall within more than one Column in relation to a particular Category the Column which imposes the greatest restriction or I control shall apply. -I I I I

I I I ,I

I . I 125 (Reprint No.9) TABLE TO CLAUSE 25A I

COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 . SIGN CONDITIONS - , / I CATEGORY 1 - Business Sign Internally Illuminated Provided that- Adult Sex Book and , Minimum Advertising Home Occupation Sign Sign (a) the advenisement Sex Aid Cpntrol Pole Sign area does not Establishment Sign Promotion Sign exceed 5.0 square Animated Sign Central Business Zone metres in tota) per Bunting Sign ,District Business Zone premIses Floodlit Sign Transpon· Centre Zone High Wall Sign (b) such sign is located Panel Sign more than 30 Sky Sign metres from any Any sign not specified , Residential or or included in any I Reserved Living other Column of this Zone. Category within this Table.

/ Any sign specified in . Column 3 of this Category of this Table I if the condition or - , conditions set forth opposite such sign , are not complied I with. ---I - - ..- . I - I , / - I .

, I

I I - I I

, I

~ ,

/ I. . I ,

Insen~d by AM. No. 77 Pan 3 Amended by AM. No.1 04 Pan 2A. AM. No. 120 Pan 3A. AM. No. 120 Part 4. AM. No. 17B. AM. No. 140 Pan 3 I. 126 (Reprint No.9) I I TABLE TO CLAUSE 25A (Continued) COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 SIGN CONDITIONS I CATEGORY2- Business Sign Internally Illuminated Provided that- Any sign not specified Local Business Home Occupation Sign Sign \ . (a) the advertisment or included in any Advertising Control , area does not other Column of this I exceed 1 .5 square Category within this Local Business Zone metres in total per Table. Restricted Business premises Any sign specified in I Zone (b) such sign is located Column 3 of this Commercial and more than 30 Category of this Table Industrial Zone metres from any if the condition or Residential or conditions set forth Reserved Living opposite such sign Zone. are not complied I with. Promotion Sign Provided that the - Pole Sign advertisement area does not exceed 6 square metres in I total per premises. I' . \ 'I ,

~ \ I. \ ,

I , I I

I - I

I \ I, ,I" I

I Inserted by AM. No. 77 Part 3 Amended by AM. No. 120 Part 4

I / 127 (Reprint No.9) I TABLE TO CLAUSE 25A (Continued) I

\ COLUMN~ COLUMN 1 , COLUMN 2 COLUMN 4 COLUMNS SIGN CONDITIONS , CATEGORY3- Business Sign Provided that the Adult Sex Book and I Limited Advertising " Pole Sign - advertisement area Sex Aid Control Home Occupation Sign does not exceed 6 Establishment Sign square metres in Animated Sign Office Zone total per premises Bunting Sign Light Industrial Zone Floodlit Sign Restricted Light Internally Illuminated Provided that- High Wall Sign j Industrial Zone Sign (a) the advertisement Sky Sign General Industrial Zone area does not Panel Sign - Special Industrial Zone exceed 1 .5 square Any sign not specified - Restricted General metres in total per or included in any Industrial Zone I premises. other Column of this I Reserved Light Category within this Industrial Zone (b) such sign is located Table. Reserved General more than 30 Any sign specified in Industrial Zone , metres from any Column 3 of this Reserved Special Residential or Category of this Table , Industrial Zone Reserved Living if the condition or I Service Business Zone Zone. conditions set forth Extractive Industrial opposite such sign Zone are not complied Offensive Industrial with. Zone Dangerous Industrial I Zone· . Transportation Zone Special Use Zone Nos. 2.5.7 and 10. , - I

- I I I - / I

I I I - . I

" Inserted by AM. No. 77 Part 3 Amended by AM. No. 120 Part 3A. AM. No. 178 I I 128 I (Reprint No.9) I I TABLE TO CLAUSE 25A (Continued) COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMNS SIGN CONDITIONS I CATEGORY4- . Home Occupation Sign Provided that the Bunting Sign Adult Sex Book and Medium Advenising advenisement area Business Sign Sex Aid Control does not exceed 0.20 Floodlit Sign Establishment Sign square metres and Internally Illuminated Animated Sign Rural Zone , not more than one Sign High Wall Sign I, Stream & Floodway such sign is Pole Sign Panel Sign Zone constructed or Promotion Sign (not Promotion Sign , Corridor "A". Zone exhibited. exceeding an (exceeding an Township "A" Zone advenisement area advenisement area Residential "A" Zone of 2.0 square metres) of 2.0 square metres) Residential "B" Zone Reflective Sign Sky Sign I Residential "C" Zone Any sign not specified Special Residential or included in any Zone.No.l other Column of this Residential"D" Zone Category within this Reserved living Zone Table. Garden Industrial Zone Any sign specified in I Special Use Zone Nos. , Column 3 of this 1.3.6.7A. 8. 8A. 9. Category of this Table 9Aandll. if the condition or General Farming ':A" conditions set forth Zone opposite such sign Intensive Agriculture are not complied I "A" Zone - with. Special Extractive" A" Zone Landscape Interest "A" I Zone I Any zone listed in the I Table to Clause 7 of the Ordinance which is not specified in this Table other than the Residential and Office Zone. Special I Residential Zone No. 2. Special Residential Zone No.3 or Local Authority I Development Zone.

I .

1 . -

I I

I I \ I , I -

\ I . - 1 , .1 I Insened by AI\i1. No. 77 Pan 3 Amended by AM. No. 122. AM. No. 115 Pan 2A. AM. No. 120 Pan 3A. AM. No. 165. AM. No. 151. AM. No. 178 I 129 I (Reprint No.9) '-

. ~ TABLE TO CLAUSE 25A (Continued) I , COLUMN 3 COLUMN 1 COLUMN 2 COLUMN 4 COLUMN 5 SIGN CONDITIONS \ I CATEGORV5- Home Occupation Sign Provided that the Any sign not specified Adult Sex Book and Special Advertising .... advertisement area or included in any Sex Aid Control does not exceed 0.20 other Column of this Establishment Sign. square metres and . Category within this Development Area not more than one Table. Reserved La nd* such sign is Any sign specified in I constructed or Column 3 of this - exhibited. Category of this Table if the condition or conditions set forth oppo'site such sign are not complied I / , with. I ,

, I

. I , I , , I I . I .1 I ,

\ 1- - I \ .1 , I. oSee Clause 3316)

Inserted by AM. No. 77 Part 3 Amended by AM. No. 178 -·1. I 130 (Reprint No.9) I \

I TABLE TO CLAUSE 25A (Continued) \

COLUMN 3 COLUMN 1 COLUMN 2 , COLUMN 4 COLUMN 5 SIGN CONDITIONS I· CATEGORY6- Home Occupation Sign Provided that the Business Sign Ad~lt Sex'.Book and Maximum Advertising aavertisement area Floodlit Sign Sex Aid Control does not exceed 0.10 Establishment Sign square metres and Animated Sign Specified Land not more tha none - Bunting Sign Conservation "A" Zone such sign is High Wall Sign Special Conservation constructed or Internally Illuminated Zone exhibited. Sign Urban Conservation - Panel Sign Residential Zone No.1 Pole Sign - Promotion Sign I Reflective Sign , Sky Sign Any sign not specified I or included in any othor ColulTll'I cf thin, Category within this I Table. , Any sign specified !n , Column 3 of this Category of this Table if the condition or conditions set forth I opposite such sign are not complied with. I , - I - I - ... - I I -

, I , I

I , I , - I , I \ , I , Inserted byAM. No. 77 Part 3 Amended byAM. No. 120 Part 3A. AM. No. 178 I 131 I (Reprint No.9) Sign control 258. Notwithstanding the provisions of Clause 25A any .sign as described in paragraphs (a) to (f) inclusive exemptions I Inserted by AM. No. 77 may be constructed or exhibited on any land without the permission of the responsible authority- Part 3 Amended by (a) a sign relating to the functions or property of a governmer:lt department, a public authorityor AM.No.151, a council of a municipality but does not include any Promotion Sign constructed or exhibited AM. No. 138 Part 2A by or on behalf of any such body; I (b) a sign relating to the control of traffic on any public road, railway or tramway, on water or in the air where such sign has been constructed or exhibited by or at the direction .of a government department, public authoritY,or council of a municipality; (c) a sign required to be exhibited by or pursuant to any Statute or any regulations or the like I made pursuant to powers contained in a Statute, provided that such sign is exhibited strictly in accordance with the requirements of such Statute or regulations or the like; . (d) a sign constructed or exhibited upon property of the Victorian Railways Board which is directed to persons at or upon a railway station; I Inserted by (da) 'a sign constructed or exhibited within the Royal Agricultural Society Showgrounds, or on AM. No. 138 Part 2A any land used for the purpose of a racecourse or greyhound races as both terms are defined under the Racing Act 1958, a motor vehicle racing track or a major sports ground, provided I such sign is not visible from any nearby or adjoining land; Inserted by (db) a sign providing information relating to a place of worship and having an advertisement AM. No. 138 Part 2A area not exceeding 1 square metre in total per premises provided that,no such sign shall be an Animated Sign or an Internally Illuminated Sign; ,~ I (e) a sign inside a building that cannot ordinarily be seen by a person who is outside the building; or (f) subject to the provisos set out in paragraph (g) a sign - (i) having an advertisement area not exceeding 2 square metres relating to the I construction or carrying out of buildings or works on the land on which such sign is constructed or exhibited provided that the sign is only exhibited during the period of the construction or carrying out of such buildings or works; I (ii) having an advertisement area not exceeding 8 square metres announcing any local event of an educational, cultural, political, religious, social or recreational character not promoted or carried on for commercial purposes; (iii) having an advertisement area not exceeding 2 square metres relating to the sale of I any goods or livestock upon any land or in any building upon which the sign is exhibited provided that the land or building is not normally used for such purpose; or (iv) having an advertisement area not exceeding 10 square metres relating to the prospective sale, letting or impending auction of the land or building at or upon which I it is exhibited; (g) notwithstanding anything contained in paragraph (f) hereof any sign falling within such paragraph shall be subject to the following - I (i) no such sign shall except as provided in sub-paragraph (i) of paragraph (f) be constructed or exhibited for any period exceeding three months or in the case of a sign described in sub-paragraph (iv) of paragraph (f) longer than seven days following the date of sale without the permission of the responsible authority; I (ii) no more than one such sign shall be constructed or exhibited at or upon the land or building; (iii) no such sign shall be an Animated Sign or an Internally Illuminated Sign; (iv) no such sign shall be constructed or exhibited on land in the Residential and Office I Zone, the Special Residential Zone No.2 or the Special Residential Zone No.3.

Control of signs in 25(. No sign shall be constructed or exhibited on land within the Residential and Office Zone, the Special Residential and I Office Zone, Special Residential Zone No.2 or the Special Residential Zone No.3 other than - Residential Zone No: 2 and (a) a sign having an advertisement area of not more tha n 0.6 square metre or such greater area Special Residential as the responsible authority may permit and bearing the name and address of the building Zone No.3 and the purpose for which the building is used or the name and address of the managing Inserted by AM. No. 77 I Part 3 agent thereof; Amended by AM. No. 151 (b) a sign having an advertisement area not exceeding 2 square metres relating to the carrying out of buildings or works on the land on which such sign is constructed or exhibited provided that such sign shall only be exhibited during the construction of such building or works and shall not be an Internally Illuminated Sign; or (c) a sign having an advertisement area not exceeding 8 square metres relating to the prospective sale or the impending auction of the property on which it is constructed or exhibited provided that such sign shall only be exhibited for a period not exceeding 1 month I and shall not be an Internally Illuminated Sign; provided always that no such sign shall be an Animated Sign. I I 132 , (Reprint No.9) I I 25D. Save with the permission of and subject to such conditions as may be specified by the responsible Control of signs on authority, no Animated Sign, Floodlit Sign, Internally Illuminated Sign, Panel Sign, Reflective Sign or main roads and West Gate Bridge Sky Sign shall be constructed or exhibited on any part of land (not being land within the Central Inserted by AM. No. 77 Business Zone) so that any part of any such sign is: ParI 3 I I (a) closer than 60 metres from land reserved for the purpose of a main road; , (b) capable of being seen from any part ofthe road or structure known as the West Gate Bridge, its approach viaducts, toll plaza and the expressways which lie within the franchise of the West Gate Bridge Authority and such land is within 1.6 kilometres of the said Bridge, I vi9ducts and expressways. In determining whether or not permission should be granted or what conditions if any shall be 'imposed, the responsible authority, in considering any application shall have regard to - I (a) the possible effect of the proposed sign on the safety of persons using the main road having particular regarc! to the colour, brightness and the location of such sign; (b) the effect of the proposed sign on the appearance and efficiency.of the main road; (c) In the case of metropolitan bridges, state highways and freeways and other roads declared I pursuant to the Country Roads Act 1958, the views of the Country Roads Board; (d) in cases other than that to which paragraph (c) hereof applies where the responsible authority is the council of a municipality under a delegation by the Melbourne and I Metropolitan Board of Works made pursuant to Section 58 of the Act the views of the said Board.

2 5E.Notwithstanding anything contained in any other Clause of this Division nothing therein shall prevent Continuity of signs any sign which was lawfully in the course of construction on the approval date or any advertisement Inserted by AM. No. 77 I Parl3 which was lawfully being exhibited on the said date from being constructed or from continuing to be Amended by exhibited. AM. No. 138 Part 2A Provided that this Clause shall not operate so as to permit any sign to be reconstructed or in the case of an Animated Sign or an Internally Illuminated Sign any advertisement to be replaced or renewed after the approval date without meeting the proviSions of this Division. I I I I I I I I I I I 133 I (Reprint No.9) I Division 38 - Height Control Areas

25F. Each Height Control Area designated on those maps comprised in the Planning Scheme Map to the Designation on maps serial number of which has been added the suffix "HC" by means of green diagonal hatching enclosed Inserted by I AM. No. 151 within a red line with black "HC" together with a numeral superimposed is hereby declared to be a Height Control Area and each such area may more particularly be described in this Ordinance by I reference to the letters "HC" together, with such riumeral. 25G. (1) No portion of any building other than a fence or an unenclosed verandah extending not more than Maximum height. 4.5 metres from the front of the building or more than 3 metres from a side face thereof shall be setback and plot ratio controls constructed within the distance from the boundaryof any site specified in Column 3 of the Table to Insened by I this Clause. provided that - AM. No. 151 Amended by (a) a oasement may be constructed within the boundaries of the site provided that any such AM. No. 180 basement shall not project above ground level and within the distance from the boundary of any site specified in Column 3 of the Table to this Clause where the said boundary abuts St. I Kilda Road. Queens Road. Royal Parade and The Avenue the basement shall not be higher than 0.8 metre below permanent footpath level; (b) any basement constructed within the distance from any boundary abutting any road or I str,eet referred to in paragraph (a) hereof shall be covered by garden soil to a depth of 0.8 metre and the surface thereof shall comply with the provisions of Clause 19A(1 )(a). Clause 19A(2)(a) or Clause 19A(3)(a) as appropriate; (c) no stair or ramp to any basement shall be constructed within the distance from any I boundary referred to in paragraph (b) hereof. (2) Subject to Clause 251 but otherwise notwithstanding anything contained in this Ordinance - (a) no buildings or works shall be constructed on land within a Height Control Area specified in Column 1 of the Table to this Clause so as to exceed the maximum height or heights I specified in Column 2 of Such Table opposite such Area. and (b) no buildings or works (other than means of access. lawns. gardens or improvements ancillary thereto. a fence. an advertisement if permitted by or pursuant to this Ordinance. I sewerage. drainage. water and gas mains. oil pipelines. electricity transmission lines operating at a voltage of less than 220.000 volts and telephone lines) shall be constructed otherwise than in conformity with the provisions of sub-clause (1) hereof on land within a Height Control Area specified in Column 1 of the Table to this Clause within any distance I from a boundary specified in Column 3 and no such building shall exceed any plot ratio specified in Column 4 opposite such Area in the said Table. (3) For the purpose of paragraph (a) of sub-clause (2) hereof the height of a building or works means the height of the highest part thereof above the level of the surface of the permanent footpath at I the boundary of the site in front of the centre of the front face or of the total of all front faces of such building or works and where no such footpath exists the level of the natural surface at such point shall be substituted therefor. I. (4) Notwithstanding anything contained in this Ordinance on land within Height Control Area HC 10- (a) no buildings or works shall be constructed so as to protrude above an inclined plane having as its elevated axis a line projected from a point which is- I (i) on the southern alignment of Albert Street. (ii) at the level of the surface of the permanent footpath or where no such footpath exists the level of the natural surface at such point shall be substituted therefor. I (iii) on a line drawn at right angles to such alignment from the centre of the frontage of the site. at an angle of elevation of 22 degrees above horizontal such line being normal to such I alignment. provided that the responsible authority may consent to the construction of buildings or works above the said plane where the responsible authority is satisfied that such buildings and works would not protrude above an inclined plane having as its I elevated axis the line of greatest elevation normal tothe southern alignment of Albert Street projected from any point on the said alignment at the permanent footpath level to the highest southern parapet of any building having a frontage to Victoria Parade and located in the opinion of the responsible authority substantially on the north of I the site of the proposed buildings or works; (b) no portion of any building other than a fence. an unenclosed verandah or with the consent of the responsible authority a glazed entrance foyer shall be constructed closer to the frontage or sideage to Albert Street than a distance of 8 metres; and I (c) no buildings shall Qe constructed to exceed a plot ratio of 4. I

135 I. (Reprint No.9)

----~.~-.-~--- I TABLE TO CLAUSE 25G COLUMN 1 COLUM'N2 COLUMN 3 COlUMN4 Height Control Maximum Height Distance from Boundary of Plot Ratio I Area site , HC 1 18 metres - - HC 2 10 metres - . - - HC 3 10 metres - - I HC 4 18 metres - - HC 5 10 metres - - HC 11 15 metres - - , HC12 30 metres - - I HC13 9 metres - - HC14 9 metres - - HC15 10 metres - - HC16 9 metres - - I HC18 10 metres within a distance For any site that distance - I of 20 metres from from Drummond Street Drummond Street and 16 being the minimum distance -I metres thereafter any existing building on adjoining land is from the said street HC22 9 metres - - HC23 7 metres - - I - HC24 9 metres - - HC26 9 metres within a distance - - of 10 metres from Royal Parade and 10 metres I thereafter HC27 9 metres within a distance - - ot'10 metres from Gatehouse Street and 10 , I metres thereafter HC 28 9 metres - - HC29 9 metres within a distance - - of i 0 metres from Park Drive and 10 metres thereafter HC 31 9 metres - - HC32 24 metres - - I HC33 9 metres - - HC34 9 metres - - HC35 9 metres - - HC36 9 metres - - I HC37 12 metres - , - , HC38 15 metres - - HC39 9 metres , - - HC42 60 metres 13.7 metres - I HC43 12 metres - - HC44. 24 metres - 2.5 HC45 9 metres - - HC46 9 metres - - I HC47 24 metres - - - HC49 9 metres - - Amended by HC 51 60 metres (a) Frontage 4 for a building used solely AM. No. ISO \ 13.7 metres from St. Ki Ida for the purpose of (i) an I Road or 4.5 metres where office or (ii) for the purpose the site does not abut such .of an office and an road. apartment house, attached cluster house, detached I house, flat, residential building or row house; and (b) Sideage or any other 5 for a building used solely boundary for the purpose of an I 4.5 metres apartment house, attached cluster house, detached . house, flat, residential building or row house. I I

136 (Reprint No.9) I I / •• /' TABLE TO CLAUSE 25G (Cont'd.) 'I COLUMN 1 COLUMN 2 , COLUMN 3 COLUMN 4 I:feight Control Maximum Height Distance from Boundary of Plot Ratio Area site HC52 24 metres (a) Frontage - I 1 5 metres from Queens Road or 4.5 metres where the site does not abut I Queens Road. (b) Sideage or any other boundary 4.5 metres I HC53 45 metres (a) Frontage 5 6 metres from Queens Road or 4.5 metres where the site does not abut Queens Road. I (b) Sideage or any other boundary .. 4.5 metres HC54 9 metres within a distance (a) Frontage 1.5 for any purpose other Amended by I of 30 metres from Royal 13.7 metres from Royal than apartment house, AM. No. laO - Parade or The Avenue or 15 Parade or 7.6 metres from attached cluster house, metres elsewhere on the The Avenue or 4.5 metres detached house, flat, , land where the site does not abut residential building or row I' such roads. house. \ , , (b) Sideage or any other boundary I 4.5 metres I , - , I . I

I I ,

I , I \ I , , , I , I I

137 I (Reprint No.9) I Maximum height with 25 H. (1 ) Subject to Clause 251 but otherwise notwithstanding anything contained in this Ordinance no and without discretion and plot buildings or works shall be constructed on land within a Height Control Area specified in Column 1 ratio controls of the Table to this Clause so as to - Inserted by AM. No. 151 (a) (i) exceed the maximum height specified in Column 2 opposite such Area without the I Amended by consent of the responsible authority, or AM. No. 180 (ii) exceed the maximum height specified in Column 3 opposite such Area, where such con~ent is given, or (b) exceed the plot ratio specified in Column 4 opposite such Area. I (2) For the purpose of paragraph (a) of sub-clause (1) hereof the height of a building or works means the height of the highest part thereof above the level of the surface of the permanent footpath at the boundary of the site in front of the centre of the front face or of the total of all front faces of such I building or works and where no such footpath exists the level of the natural surface at such point shall be substituted therefor. I TABLE TO CLAUSE 2SH

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 I Maximum Height without Maximum Height with Height Control consent of responsible consent of responsible Plot Ratio Area authority authority HC 6 24 metres 45 metres 1.5 for the purpose of a ,I bank, office or shop whether separately or together. ~I HC 7 12 metres 24 metres 1.5 for the purpose of a bank, office or shop whether separately or together. , HC 8 24 metres 39 metres - I HC17 10 metres 16 metres - HC41 45 metres 70 metres - HC55 45 metres 60 metres 4 for a building used solely I Amended by AM. No. 180 for the purpose of (i) an office or (ii) for the purpose , of an office and an apartment house, attached I cluster house, detached house; flat, residential building or row house; and 5 for a building used solely for the purpose of an apartment house, attached cluster house, detached house, flat, resi'dential I building or row house I , I I. ~ I I I 138 (Reprint No.9) I I 251 . .(1) Where but for the coming into operation of this Division, buildings and works lawfully existing on Dispensations the approval date would have been in conformity with the provisions of this Planning Scheme Inserted by AM. No. 151 then - . Amended by AM. No. 204 I (a) such buildings or works may continue to be used and may be repaired, recycled or partly or wholly reconstructed as though the buildings or works were not affected by this Division; and (b) In the event of redevelopment of the site of such buildings or works new buildings or works I may be constructed other than in accordance with the provisions of this Division with the consent of the responsible authority which in its determination shall have regard to the amenity of the area provided that the responsible authority may not consent to the construction of a building of greater height than that which formerly occupied the site I unless the plot ratio of such buildings will not exceed that of the building which formerly occupied the site and unless the responsible authority is satisfied that the height of the building is necessary to achieve a building form more beneficial to the amenity of the area I than the building which formerly existed on the site. (2) For the purpose of this Clause the following buildings or works shall be deemed to have lawfully Amended by existed and to have been in conformity with the provisions of this Planning Scheme immediately AM. No. lSD, AM. No. 204 before the approval date hereof and notwithstanding the operation of this Division may be I constructed as of right - (a) any building or works permitted as of right as at the 10th day of August, 1981 under the Town and Country Planning Board, City of South Melbourne - Historic Boulevards Interim Development Order pursuant to sub-clauses 2 (iii), (iv), (v), (vi), (vii), (viii) and (ix); I (b) any building or works proposed to be erected and situate at 187 -193 Drummond Street, City of Melbourne, being more particularly the whole of the land described in Certificate of Title Volume 4116 Folio 083 generally in accordance with the plans prepared by Messrs Mario Bernardi and Associates lodged in support of Application for Permit Number CM2879 I under this Planning Scheme; (c) any building or works proposed to be erected and situate at 54-60 Jolimont Street, City of Melbourne, being more particularly the land described in Certificates of Title Volume 2930 Folio 851 and Volume 5574 Folio 690 generally in accordance with plans prepared by Daryl I Jackson Pty Ltd lodged in support of Application for Permit Number CM3006 under this Planning Scheme; (d) any building or works proposed to be erected and situate at 431 St Kilda Road, City of I Melbourne, being more particularly the land described in Certificate of Title Volume 8728 Folio 360 generally in acordance with the plans prepared by Messrs Synman Justin & Bailek lodged in support of Application for Permit Number CM3812 under this Planning Scheme; I (e) any building or works proposed to be erected and situate at 98-1 08 Wellington Parade, City of Melbourne, being more particularly the whole of the land described in Certificates ofTitle Volume 8049 Folio 428 and Volume 8448 Folio 488 and such of the land described in Certificate of Title Volume 4155 Folio 866 as does not lie within 31.675 metres of the I southern alignment of George Street, City of Melbourne, generally in accordance with the plans prepared by Yuncken Freeman Architects Pty Ltd lodged in support of Application for Permit Number CM3380 under this Planning Scheme. .

I 25J. Notwithstanding the provisions of Clause 25G where a building lawfully existed before the approval Reconstruction or date hereof within the distance from a boundary of any site specified in Column 3 of the Table to the extension of lawfully existing said Clause the responsible authority may grant permission for reconstruction or extension of such non-conforming building within the distance so specified from any bO,undary, provided that - building Inserted by I (a) no such extension is constructed closer to any boundary than the nearest part of the AM. No. 209 existing building to such boundary; and (b) the height of any such extension does not exceed the maximum height of the existing I building. I I I

139 I (Reprint No.9) I Division 4 - Accommodation for Vehicles, Loading and UnlQading Vehicles, Access to Streets and Roads I 26. (1) Subject to sub-clause (2) hereof upon any land within a Local BusinessZone or a Commercial and Local Business Zone Industrial Zone space shall be provided contiguous to any existing or new street or road (not being or a Commercial and Industrial Zone - less than 9 metres in width) for the purpose of providing accommodation for stationary vehicles setbacks and in order to provide such space any building or works erected, constructed or carried out on any Amended by AM. No.1 04 Part 2A I such land shall be set back 6 metres from the boundary thereof abutting on any such street or road. (2) The responsible authority may, subject to such conditions as it may then impose, permit land within any of the Zones specified in the preceding sub-clause to be used for a purpose permitted I by or under the Planning Scheme or buildings or works to be erected constructed or carried out upon any such land notwithstanding that any buildings or works erected constructed or carried out or to be erected constructed or carried out are not or are not intended to be (as the case may be) set back from the boundary thereof abutting on any existing or new street or road for the distance I specified in such sub-clause.

(3) Where, either before the coming into operation of this Planning Scheme or in confo'rmity with a Amended by permit granted by the responsible authority pursuant to the Interim Development Order made by AM. No. 17 I the responsible authority, any building or works (other than a fence) have been erected, constructed or carried out upon any such part of any land within anyof the zones specified in sub­ clause (1) hereof as lies within a distance of 6 metres from a boundary thereof abutting on any existing or new street or road (not being less than 9 metres in width) then save with the I permission of the responsible authority no buildings or works shall be constructed or carried out upon such part of any such land as aforesaid as lies within a distance of 6 metres from the rear boundary thereof. (4) Where the lots contained in any plan of subdivision within anyof the zones specified in sub-clause I (1) hereof are set back a distance of not less than 6 metres from the street or road alignment of adjacent land and such setback is set aside for a road the provisions of this Clause in respect to the lots contained in such subdivision do not apply.

I 27. (1) No building or works may be constructed upon any land within any zone other than the Central Loading and unloading bays Business Zone or a zone specified in Clause 26 hereof and used or intended to be used for the Amended by manufacture~ servicing, storage or the sale of any goods, articles, materials or substances unless AM. No.2. AM. No.1 7. provision is made in" accordance with the Table to this Clause wholly within the site for the AM. No. 34 Part 2. AM. No. 35 Part 2. I accommodation of vehicles while in the course of being loaded or unloaded. AM. No. 57 Part 2, AM. No. 83 Part 2 (2) No portion of any driveway leading to an area set asideforthe accommodation of vehicles while in the course of being loaded or unloaded shall be less than 3.6 metres in width and where such I driveway changes direction or intersects another driveway, the minimum internal radius of the driveway between the two portions of the driveway or the intersection of the driveways shall be not less than 6 metres. I (3) Notwithstanding the provisions of sub-clauses (1) and (2) hereof the responsible authority may grant permission for buildings or works to be constructed without provision for such accommodation or with lesser dimensions than those specified in sub-clause (2) or in the Table to this Clause where .: I (a) the land is insufficient in area; or (b) adequate provision is made for the accommodation of such vehicles to the satisfaction of the responsible authority. I (4) Where such provision is mode so thot access to the loading and unloading bay is obtained directly from a street or road land between such bay and the street or road is to be provided for access thereto so that the minimum dimension of the land comprising access to the said bay including I such street or road is 6 metres. TABLE TO CLAUSE 27 COLUMN 1 COLUMN 2 I Floor Area of Building Dimensions of Loading and Unloading Bay to be provided 2600 square metres or less in Minimum area of 27.4 square metres single occupation having minimum dimensions of 3.6 metres by I , 7.6 metres and having a minimum height" clearance of 4 metres. For every 1800 square metres or part thereof An additional area of 18 square metres. I in excess of 2600 square metres. I

141 I (Reprint No.9) I Parking provisions 28. (1) (a) Subject to paragraphs (b) and (c) hereof, upon any land situate in any zone other than the Substituted by Central Business Zone, a District Business Zone, a Restricted Business Zone or a Service AM. No.2 Amended by Business Zone, and used or intended to be used for any purpose specified in Column 1 of AM. No.17. Table 1 to this Clause, provision shall be made for the accommodation of stationary I AM. No. 77 Part 3 vehicles, not being vehicles brought or kept on the land for sale, hire, repair or service, not less than in the ratio set forth in Column 2 of such Table, but so that the number of car spaces to be provided shall be not less than the nearest whole number to the number arrived at when the ratio is applied, and the use of any such land for any purpose specified in I the said Column shall not be commenced until the requisite accommodation for stationary vehicles has been provided. Amended by (b) Provided any existing accommodation for stationary vehicles is not diminished and the AM. No. 17. purpose for which the land is used or intended to be used does not differ from that for which I AM. No. 151 it was lawfully used immediately prior to the 22nd day of May, 1968, regard shall be had when applying the ratio set forth in Column 2 of Table 1 to this Clause only to such parts of buildings (as the circumstances require) constructed after the said date. Amended by (c) Where land is insufficient in area to enable provision for the accommodation of stationary I AM. No.17 vehicles to be made in accordance with the Tables to this Clause the responsible authority may grant permission for such provision being lesser in extent provided any existing accommodation for stationary vehicles is not diminished. I Amended by (d) Notwithstanding anything hereinbefore contained the responsible authority may grant AM. No. 17 permission for the reduction of the area provided or required to be provided upon any land for the accommodation of stationary vehicles if to its satisfaction and subject to such conditions as it may impose provision is made upon other land in the vicinity for the accommodation of such vehicles and the area so provided is not less extensive than that by I which the area provided or required to be provided is to be reduced. For the purpose of this paragraph "reduction" includes "abandonment" and "reduced" has a corresponding meaning. I Amended by (e) The occupier of land whereon provision is or is to be made for the accommodation of AM. No. 17 stationary vehicles in conformity with this Clause shall, before any building or works is constructed on such land, lodge with the responsible authority a plan upon which shall be delineated all car spaces, access lanes and driveways constituting such accommodation I and shall at all times in conformity with such plan clearly indicate on the ground the boundaries of all such car spaces, access lanes and driveways and clearly indicate the direction in which vehicles should proceed along the access lanes and driveways. (f) All land whereon provision is or is to be made for the accommodation of stationary vehicles I in conformity with this Clause shall be properly formed to such levels that it can be utilized in accordance with the said plan and shall be drained and sealed with "an all-weather seal­ coat, which shall be capable of being line marked and such drainage and sealing shall be carried out to the satisfaction of the responsible authority. I

Amended by (2) (a) Except as provided in paragraph (j) hereof where under or pursuant to this Ordinance AM. No. 17. provision is required to be made for the accommodation of stationary vehicles, each car AM. No. 62 Part 2. AM. No. 77 Part 3 space shall be capable of containing a rectangle having dimensions 5.4 metres by 2.4 I metres and except as provided in paragraph (d) hereofshall have a length not less than 5.4 metres and, where the land is used or intended to be used for any purpose specified in Column 1 of Table 1 to this Clause shall have a width not less than that specified in Column 3 of the said Table. I Amended by (b) Except as provided in paragraph (j) hereof save where access to a car space is obtained AM. No. 17. directly from a street or road an access lane or lanes shall be provided in accordance with AM. No. 77 Part 3 paragraph (c) hereof. Substituted by (c) Where the entrance to a car space is obtained from an end and where the car space isatan I AM.No.17 angle to the access lane specified in Column 1 of Table 2 to this Clause, the width of the access lane immediately adjoining the end.of such car space shall not be less than that specified in Column 2 of the said Table and the length of the access lane of such specified width contiguous to any car space shall not be less than 6 metres, save that where one car I space only is required to be provided pursuant to Table 1 to this Clause such length of the access lane may be reduced with the permission of the responsible authority. Amended by (d) Except as provided in paragraph (j) hereof where the entrance to a car space is obtained AM. No. 17. from the side the length of the car space shall be not less than 6 metres and width of the I AM. No. 62 Part 2 access lane shall not be less than 3.5 metres. Amended by (e) Where access to a car space is obtained directly from a street or road, land between the car AM. No. 77 Part 3 spaces and the road is to be provided for access thereto so that the width of access lane I including such street or road is not less than that specified in paragraph (e). Substituted by (f) Except as provided in paragraph (j) hereof, no portion of any driveway leading to an area set AM. No.17 aside for car parking shall be less than 3 metres in width and where such drivewaychanges direction or intersects another driveway, the minimum internal radius of the driveway I

142 (Reprint No.9) I I 28. (2) (f) Cont'd ... between the two portions of the driveway or the intersection of the driveways shall be not I less tha n 4 metres where either driveway is less tha n 4.2 metres wide and such radi us sha II be measured normal to the driveway or driveways. (g) Where provision is or is to be made for the accommodation of stationary vehicles within a building the car spaces and access lanes thereto shall be separated by means of a I substantial wall or partition from the remainder of the floor space of the building. (h) Save with the permission of the responsible authority the conditions set forth in this Substituted by paragraph shall apply where accommodation for stationary vehicles is provided upon land AM. No. 30 I used for the purpose of an apartment house, flats or residential building - (i) Vehicular access to the land shall only be provided from a street or lane of not less than 5.0 metres in width sufficiently constructed for the passage of vehicles, however additional vehicle access may be provided from a street or lane not less than 3.0 I metres in width sufficiently constructed for the passage of vehicles. (ii) Except for vehicle crossovers which provide exclusive access to individual dwellings on the land, the total width of vehicle crossovers shall not exceed - (a) where the total length of all boundaries which abut on a street does not exceed I 60.0 metres - 10.5 metres; (b) 'where the total length of all boundaries exceeds 60.0 metres - 15.0 met~es; and (c) where the total length of all boundaries does not exceed 60.0 metres buttwo or I more of the boundaries abut on a main or secondary road - 15.0 metres. (iii) The width of vehicle crossovers shall not exceed - (a) where such stre~t is a main or secondary road - 7.0 metres; I (b) for any other street - 5.0 metres. (iv) Where the total number of car spaces provided on,the site pursuant to this Clause exceed six or where the length of any driveway exceeds 30.0 metres, provision shall I be made on the land for separate pedestrian and vehicular traffic. (v) Where the boundary of any car space, access lane or driveway adjoins a footpath on the land or an amenity area provided pursuant to Clause 13K of this Ordinance there shall be constructed on such boundary a kerb or similar barrier of a minimum height I of 150 millimetres and a minimum width of 100 millimetres. For the purpose of this paragraph no car space shall be deemed to be reduced in dimensions by reason of the erection of a gas meter attached to the wall of an ! adjoining building provided that no part of such meter is fixed at a height of less than I 1 .9 metres above the finished level of such car space. (hh) Where land is used for the purpose of an apartment house, flats or residential building Inserted by AM. No. 30 accommodation for stationary vehicles may, subject to the permission of the responsible I authority, be provided between any building alignment and the frontage provided that - (i) a suitable screen not less than 1.5 metres in height shall be constructed between such accommodation and the frontage except where access is necessary to driveways and footpaths; I (ii) amenity area shall be provided equal to not less than one-fifth part of the area bounded by the frontage the side boundaries and the building alignment; (iii) where any land is bounded by two or more streets, no such accommodation shall be provided and no screen with respect to such accommodation shall be constructed I within 9.0 metres of the junction of the two boundaries of the land which abut upon a street. For purposes of this paragraph the building alignment shall be determined by means of the shortest line which can be drawn between the side boundaries so that it passes I immediately in front of the building constructed closest to the frontage. (i) Along any street alignment a kerbing of a minimum height of 225 millimetres and width Amended by 150 millimetres or fence shall be erected in a position that will prevent vehicular access to AM.No.17 the street other than where crossovers are provided and will also prevent vehicles being I positioned so that any portion thereof shall project beyond the limit of the site. (j) The responsible authority may grant permission for the installation of a mechanical car Inserted. by AM. No. 17 parking system notwithstanding that the dimensions of the car spaces or the width and I provision of access lanes and driveways to such spaces is less than that prescribed provided always that the number of spaces provided is not less than that required pursuant to this Clause. (k) Where four or more car spaces on the site are provided with a common driveway, sufficient Inserted by AM. No. 17 I space shall be provided so that no reverse manoeuvre onto or off a street is needed. I

143 I (Reprint No.9) I 28. (2) Cont'd... " Inserted by AM. No. 49 (I) Where land is used or proposed to be used for the purpose of industry, warehouse or store Part 2 and more than one occupation occurs or is proposed on the land except with the consent of I the responsible authority the parking provision shall in respect of each occupation be provided contiguous thereto. Inserted by AM. No. 30 (m) Where the accommodation for stationary vehicles on any land comprises more than ten car spaces and if the driveway thereto exceeds 45.0 metres in length a passing bay shall be I .provided at the point of ingress to or egress .from (as the case may be)(the land by so. extending the width of the driveway for a distance of 7.5 metres from such point that such width is not less than 5.0 metres. I Inserted by AM. No. 30 (n) Save with the permission of the responsible authority where four or more car spaces on the Amended by" site are provided with a common driveway which has access from a ma in or seconda ry road, AM. No. 138 Part 2A . no access shall be provided to those spaces from·that driveway within 6.0 metres of the frontage. I Inserted by (3) Notwithstanding the provisions of Table 1 to this Clause where a building or part thereof is used or AM. No. 151 intended to be used for the purpose of a bank or office, and where such building or part· thereof is situate within the Residential and Office Zone - I (a) the accommodation of stationary vehicles shall be at a ratio of not less than one car space to each 46 square metres of floor area used for such purpose; or (b) with the consent of the responsible authority at a lower ratio than provided for in paragraph (a) hereof but shall not be less than at a ratio of one car space to each 67 square metres of I floor area used for such purpose; but so that the number of .car spaces to be provided shall be not less than the nearest whole number to the number arrived at when the ratio is applied, and the use of such building or part thereof for such purpose shall not be commenced until the requisite accommodation for I stationary vehicles has been provided. I TABLE 1 TO CLAUSE 28

Substituted by COLUMN 1 COLUMN 2 COLUMN 3 AM.No.2 / Amended by Apartment House 3 car spaces to each 4 apartments 2.5 metres AM. No. 17, AM. No. 72 Part 2A, Residential Building 1 car space to each 2 lodging rooms 2.5 metres AM. No. 30 Flat 1 car space to each 3 habitable rooms or 5 car spaces to each 2.5 metres I 4 flats whichever ratio when applied in'any particular case produces the greatest number of car spaces Industry 1 car space to each 130 square metres otlloor area of all 2.4 metres Warehouse buildings except that the number of car spaces provided for I Store each single occupation shall not be less than 2 Fuel Depot 1 car space to each 130 square metres of floor area of all 2.4 metres Motor Repair Station buildings or the number of car spaces with access lanes Plant Nursery"': Retail equivalent to an area of not less than 10% of the site shall be I· - Industrial Sales set aside for-parking whichever is the greater Freezing and Cool 1 car space to each 260 square metres of floor area of all 2.4 metres Storage Works buildings I Office 1 car space to each 90 square metres of floor area of all 2.4 metres Bank buildings Place of Assembly 1 car space to each 18 square metres of floor area of all 2.5 metres other than a Public buildings I Hall Place of Worship 1 car space to each 10 seats or persons the building is 2.5 metres Public Hall designed to accommodate I Hotel 1 car space to each 1 .8 square metres of bar floor space 2.5 metres available to the public and 1 car space to each 5.5 square metres of lounge or beer garden floor space available to the public I Restaurant 1 car space to each 5.5 square metres of floor space available 2.5 metres Cafe to the public I I

144 (Reprint No.9) I I TABLE 2 TO CLAUSE 2B I COLUMN 1 COLUMN 2 Inserted in AM. No.2 90 Degrees 6 metres 60 Degrees 4.5 metres I 45 Degrees 3.6 metres 29. Save with the permission of the responsible authority no building except a detached house or a Main and secondary petrol filling station (if such be permitted under or pursuant to this Part) and no works (other than a roads - use of abutting land fence and sewerage, drainage, water and gas mains, oil pipelines, electricity transmission lines Amended by I operat"ing at a voltage of less than 220,000 volts and telephone line~) shall be erected, constructed AM. No. 17, AM. No. 35 Part 2, or carried out upon any land situate in any zone other than the Central Bu~ss Zone or the zones AM. No. 57 Part 2 specified in Clause 26 of this Ordinance and abutting on a main road rtfServ~ltion or a secondary road reservation, if such land is used or intended to be used for any purp~.other than a purpose I specified in the Table to Clause 28 hereof. In determining whether or not such permission as aforesaid should be given the responsible authority shall have regard to the extent to which provision is made or is intended to be made for the accommodation of stationary vehicles for the loading and unloading of vehicles within any building or works and the means of ingress to and egress from the land and to the traffic carried or likely to be carried by the road or roads on which the land abuts.

30. (1) Where ynder or pursuant to this Division provision is required to be made for the accommodation Provisions for vehicle I Clf vehicles or for the loading and unloading thereof such provision shall at all times continue to be accommodation, loading and unloading made. to continue (2) Notwithstanding anything to the contrary contained in the Planning Scheme, land upon which I provision under or pursuant to this Division is made for the accommodation of stationary vehicles shall not without the permission of the responsible authority be used in any manner so as to reduce such accommodation.

I 31. (1) Save with the permission ·of the responsible authority land which abuts on a main road Main road reservation reservation shall not - - access to abutting land (a) be so subdivided as to' provide direct access be~ween any allotment and the main road Substituted by AM.No.17 reservation; I (b) have made or laid out thereon any street, road, lane or passage so that it will join with or intersect the said reservation; (c) have thereon opened, constructed, altered, formed or laid out any means of access between I suchtiand and the said reservation. (2) (a) Save with the permission of the responsible authority land which lies within the City of Doncaster and Doncaster and Templestowe and which abuts on any of the streets or roads set out in Templestowe - access to certain I paragraph (b) hereof shall not - streets and roads (i) be so subdivided as to provide direct access between any allotment and any such street or road; (ii) have made or laid out thereon any street, road, lane or passage sothat itwill join with I or intersect any of the said streets or roads; (iii) have thereon opened, constructed, altered, formed or laid out any means of access be.tween such land and any of the said streets or roads. (b) The following streets or roads are those referred to in the previous paragraph - Amended by I AM. No. 34 Part 2 1. Templestowe Road from Manningham Road to Thompsons Road 2. Reynolds Road I 3. Stintons Road 4. Falconer Road 5. Kendall Road 6. Colman Road I 7. Doncaster Road 8. Mitcham Road 9. High Street I 10. Williamsons Road from Manningham Road to Warrandyte Road 11 . Clarke Street 12. Fitzsi'mmons Lane I 13. Springvale Road I

145 I (Reprint No.9) r I 31. (2) (b) Cont'd ... 14. Andersons Creek Road 15. Warrandyte Road between Fitzsimmons Lane and Newmans Road I 16. Newmans Road between Porter Street and Warrandyte Road 17. Warrandyte Road between Newmans Road and Tindals Road. I Road closure , The roads or parts of roads delineated on the Planning Scheme Map by black crosses between the Inserted by AM. No. 27 31 A. Part 2 boundaries of roads or parts of roads and superimposed upon any colour may subject to and in accordance with Section 528 of the Local Government Act 1958 (as amended) be closed. .1 I I I I I I I I I I I .1 I I I

146 (Reprint No.9) I I Part III RESERVED LAND 'I . Division 1 - Reservation of Land and Use Thereof 32. (1) Land which is coloured and delineated on the planning Scheme Map in the manner set forth in Delineation of Column 1 of the Table to this Clause is reserved for the purpose or purposes set forth opposite reserved land and meaning thereof /.1 thereto in Column 2 of the said Table. I \ (2) In the said Table - (a) where a purpose is described by reference to a Government Department it shall be deemed I to mean and include the carrying out of any function or undertaking of such Department; . (b) where a purpose is described by reference to a public authority, it shall be deemed to mean and include the exercise of any statutory powers conferred on such authority; (c) where a purpose is described by reference to the Commonwealth Government, it shall be I deemed to mean and include the exercise of any of the powers of such Government; and (d) where a purpose is described as Local Government it shall be deemed to mean and include 'I the exercise by a municipal council of any powers conferred on such a council by statute. (3) In the Planning Scheme Map - (a) the line or lines forming the boundary between any land reserved for the purpose of a road (whether a proposed main road or a proposed secondary road) and the lands abutting on the I. land so reserved are hereby fixed and declared to be the alignments of such roads; and (b) the boundary between any land reserved for the purpose of a proposed road widening and the land (not comprised in the existing road) abutting on the land so reserved is hereby fixed and declared to be the new alignment of the existing road.

TABLE TO CLAUSE 32

COLUMN 1 COLUMN 2 Amended by ~I ..------+------1 AM. No.1,No. 17, AM. '.No. 20, Dark Green Open Space - public existing. AM. No. 27 Part 2, AM. No. 57 Part 2, Alternate dark green and white diagonal stripes Open Space - public proposed. AM. No.3 Part 1 A, AM. No.3 Part 1 B, Yellow with superimposed black words, letters or The public purpose set forth opposite such words, AM. No. 115 Part 2A numerals hereunder set forth letters or numerals - existing. Alternate yellow and white diagonal stripes with The public purpose set forth opposite such words, ·superimposed black words, letters or numerals letters or numerals - proposed. I hereunder set forth" Airfield Civil Airfield Cemetery Cemetery Crematorium I Hospital + Hospital S. Primary School S.S. Secondary School T.S. Technical School I 1. Commonwealth Government 2. Public Works Department 3. Lands and Survey Department 4. Agriculture Department I 6. Mines Department 7. Commonwealth Explosives Department 10. Health Commission of Victoria 11. Education Department (other than schools) I 12. State Rivers and Water Supply Commission 13. State Electricity Commission 14. Gas and Fuel Corporation 15. Country Roads Board I 16. Melbourne and Metropolitan Tramways Board 17. Port of Melbourne Authority 18. Melbourne and Metropolitan Board of Works 19. Local Government I 20. Other Public Uses 21. Social Welfare Department Grey with black line Railways - Existing On a map bearing Railways - Proposed _I (a) any Serial Number from and including 1 to 96 - - Grey with black dots along black line, I

147 I (Reprint No.9) " \ I TABLE TO CLAUSE 32 (Cont'd.) , , I COLUMN 1 COLUMN 2

(b) any Serial Number containing a number from and including 1 to 96 and any of the several numbers 2013,2031 to 2034 (inclusive), 2050 to 2054 I / (inclusive), 2070, 2071, 2090, 2091, 2109 to 2111 (inclusive), 2116, 2129 to 2136 (inclusive:), - 2150 to 2156 (inclusive), together with a suffix- J Broken Blue Line I Red Road - existing main Dark Orange 1 Road - existing secondary Broken red line Road - proposed main I Broken dark orange line Road - proposed secondary On a map bearing Road - proposed widening / - (a) any Serial Number from and including 1 to 96- Black I (b) any Serial Number containing a number from and including 1 to 96 and any of the several numbers 2013,2031 to 2034 (inclusive'!. 2050 to 2054 (inclusive), 2070, 2071, 2090, 2091, 2109 to 2111 (inclusive), 2116, 2129 to 2136 (inclusive), I 2150 to 2156 (inclusive) together with a suffix- Blue. Black crosses between parallel lines superimposed The purpose set forth opposite such colour and I upon any colour and delineation set forth above delineation White with red crosses between boundaries of roads Road Closure or parts of roads I

Use of reserved land 33. (1) Subject as hereinafter provided reserved land may be used - I (a) subject to the provisions of Clause 8, for the purpose for which it was lawfully used immediately before the approval date hereof; (b) for such other purpose which the responsible authority may absolutely or conditionally permit; or I (c) for any purpose for which the land is reserved pursuant to Clause 32 hereof; and for no other purpose. (2) A public authority or the council of a municipality may use reserved land not vested in it only for I' the purpose of constructing or carrying out buildings or works which it may lawfully construct or carry out thereon if in the opi n ion of the responsible a uthority the construction of such bui Idings or works and any subsequent use thereof will not interfere with the use of the land for the purpose for which it is reserved pursuant to Clause 32 hereof. I (3) Reserved land in the occupation of a public authority or the council of a municipality may be used for any purpose for which such land can lawfully be used by such authority or by such council which is not inconsistent with the use of the land for the purpose for which it is reserved pursuant I to Clause 32 hereof.

Inserted by AM. No. 27 (3A) Any road or part of any road reserved for the purpose of road closure shall upon being purchased Part 2 or compulsorily taken by the responsible authority be closed. I Amended by (4) The provisions of Clause 28 hereof shall extend and apply to reserved land as if such land was not AM. No. 17 reserved under this Part but was situate in a zone other than the Central Business Zone, a District Business Zone, a Restricted Business Zone or a Service Business Zone. (5) The provisions of Clause 29 hereof shall extend and apply to reserved land abutting on a main road I I reservation or a secondary road reservation as if such land was not reserved under this Part but was land situate in any zone to which the provisions of such Clause applies. Substituted by (6) The provisions of Division 3A of Part II hereof shall extend and apply to reserved land as if reserved I AM. No. 77 Part 3 land was specified in Column 1 of Category 5 of the Table to Clause 25A. (7) * * * * * * * * * * * * * * * * * * * * * * * * * * * * I I

148 (Reprint No.9) I

----- j I 33. Confd .. .

(8) The provisions of Clause 24(4) hereof shall extend and apply to reserved land which adjoins 8t. Inse rted by AM. No. 17 I Kilda Road and is comprised in any area of land described in such provisions as if such land was not reserved under this Part but was situated in a zone.

(9) The provisions of Clause 24(8) hereof shall extend and apply to reserved land abutting on any river, Inserted by AM. No. 17 creek or watercourse referred to therein as if the land was not reserved under this Part but was I situated in a zone.

(10) Where reserved land is used for the purpose of extractive industry the provisions of Clause 25(1) Inserted by AM. No. 1 7 I hereof shall extend and apply to such land as if the land was not reserved under this Part. 33A. Reserved land shall not be subdivided without the consent of the responsible authority and in Reserved land - determining whether or not such permission shall be given or what conditions, if any, should be control of subdivision Inserted by imposed the responsible authority shall have regard to the effect of the proposed subdivision on the AM. No. 120 Part 3A I use of the land for the purpose for which the land is reserved pursuant to Clause 32 hereof. I I I I I I I I I I I I I I

149 I (Reprint No.9) I Division 2 - Reserved Land not Vested in a Public Authority or the . Council of a Municipality

34. The provisions of this Division shall not apply to land which is or becomes vested in a public authorityor Application of I provisions of Division the Council of a municipality but shall in addition tothe provisions of Division 1 hereof apply to land not 2 of Part III so vested. Substituted by AM. No. 17 I 35. (1) No building or works (other than a fence) on reserved land shall be demolished and no trees shall Damage to reserved be removed therefrom without the permission of the responsible authority, nor shall any such land Amended by building, works or trees be in any way damaged. AM. No. 17 (2) Subject to Clause 33(1) reserved land shall in no way be spoiled or wasted so as to destroy, affect I or impair its usefulness for the purpose or purposes for which it is reserved.

36. (1) Save with the permission of the responsible authority, no building or works other than a boundary Construction of fence shall be constructed on reserved land. buildings and works I on reserved land Substituted by (2) In granting permission under this Clause, the responsible authority may impose conditions as to AM. No.17 the extent to which and the materials in which any alteration, extension or enlargement of an existing building or works is to be carried out and as to the siting, dimensions, design and I materials to be used in the erection or construction of any new building or works, and as to the demolition, removal or alteration of any building or works in respect of which such permission is I given. I I

I I I I I I I I I 151 I (Reprint No.9)