Planning and Environment Act 1987

MOONEE VALLEY PLANNING SCHEME

AMENDMENT C28 MARIBYRNONG RIVER CORRIDOR POLICY

PANEL REPORT

MOONEE VALLEY PLANNING SCHEME AMENDMENT C28

PANEL REPORT Pursuant to Sections 153 and 155 of the Act

Neville Wale, Chair

Sarah Porritt

July 2002

MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

Table of Contents

1. SUMMARY 3

2. THE PANEL 3 2.1. Panel Appointment 4 2.2. The Planning Authority 4 2.3. Exhibition, Notice and Submissions 4 2.4. Changes as a Result of Exhibition 4 2.5. Hearings 5 2.6. Appearances 5 2.7. Site visits 5

3. THE AMENDMENT 6 3.1. The Exhibited Amendment 6 3.2. Form of the Amendment 6 3.3. The Area Affected by the Amendment 7

4. EXISTING CONDITIONS 8 4.1. The Locality 8 4.2. Planning History and other Relevant Strategies 9

5. SUBMISSIONS TO THE PANEL 11

6. PLANNING CONTEXT 12 6.1. State Planning Policy Framework 12 6.2. Municipal Strategic Statement 12 6.3. Local Planning Policy 14 6.4. Other Planning Strategies 14 6.5. Form of the Amendment 15

7. KEY ISSUES 16 7.1. Objectives of the Amendment 16 7.2. Flooding 16 7.3. Development Design and Site Coverage 17 7.4. Fencing and Security Issues 20 7.5. Management of the River Environs 21

8. PANEL CONCLUSIONS 23

9. STRATEGIC ASSESSMENT 24 9.1. Strategic Justification of the Amendment 24 9.2. Consistency with the P & E Act 24 9.3. Consistency with the SPPF 24 9.4. Consistency with the Ministerial Directions 24 9.5. Consistency with Planning Practice Notes 24 9.6. Panel Conclusions 25

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10. OVERALL CONCLUSIONS 26

11. RECOMMENDATIONS 27

APPENDICIES Appendix 1 Maribyrnong River Corridor Policy 28 Appendix 2 Letter from Directions Hearing 33 Appendix 3 Summary of Submissions 34

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1. SUMMARY

The panel was appointed under the Planning and Environment Act 1987 (“Act“) to consider submissions in relation to the Amendment C28 to the Moonee Valley Planning Scheme (“Amendment”).

The Amendment proposes to amend the Local Planning Policy Framework by the inclusion of the 'Maribyrnong River Corridor Policy'. The Maribyrnong River Interface Urban Design Guidelines is to be included as a reference document in the MSS and the decision guidelines to the Design Development Overlay (DDO1). The purpose of the Amendment is to assist the Council in considering planning applications in the Maribyrnong valley area covered by DDO1.

A total of 11 submissions were made to the Council. As a result of these submissions the Council resolved to make a number of additions to the policies and guideline documents. The Panel has noted that these additions were primarily related to floodplain issues and that opportunity had been provided for the submitters to review the amended documents prior to the Panel Hearing.

The submitters to the Amendment raised a number of issues arising from: ƒ The objectives of the Policy and particularly the vision statement and links to the MSS. ƒ Clarity and interpretation of the wording of the policy ƒ Descriptions of landscape and vegetation characteristics ƒ Flooding and protection of the banks and flood plain of the Maribyrnong River. ƒ Development design and siting including building heights, setbacks and view corridors. ƒ Vehicle access, parking and traffic. ƒ Fencing, privacy and security issues including the type and effect of fences, maintenance existing use rights. ƒ Management of the River environs - vegetation choices, management of seasonal fire hazards, landscaping requirements, and provision of maintenance access. ƒ Opportunity for development to adopt ESD principles particularly in the management of urban runoff. ƒ The importance of the visual and aesthetic experience of the Maribyrnong valley

After careful consideration of the Amendment and the various submissions put to the Panel it is the Panel's recommendation that the Amendment be supported with the additions made by the Council following Exhibition.

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2. THE PANEL

2.1. Panel Appointment Mr Neville Wade and Ms Sarah Porritt were appointed under delegation from the Minister for Planning as a Panel under the provisions of Section 153 of the Planning and Environment Act 1987 on 10 April 2002. The Panel was appointed to consider submissions in relation to the Amendment - Maribyrnong River Interface Urban Design Guidelines, to the Moonee Valley Planning Scheme (“Planning Scheme”). The Panel met in the Moonee Ponds Offices of the Moonee Valley City Council on 5 June 2002 to hear submissions in respect of the Amendment.

In reaching its conclusions and recommendations, the Panel has read and considered all submissions and a range of other material referred to it in relation to the Amendment and application. This includes written submissions and verbal presentations.

2.2. The Planning Authority The Planning Authority for Amendment is the City of Moonee Valley.

2.3. Exhibition, Notice and Submissions The Amendment was exhibited between 6 December 2001 and 25 January 2002. In accordance with the Act notice was published in the Government Gazette and in the local newspaper City News section. In addition some 800 property owners and residents and statutory authorities received notification and all relevant documentation.

As a result of the exhibition process (following a lengthy process of public consultation and discussion leading to preparation of the Amendment) a total of 11 submissions were received. Appendix 3 is a summary of the Submissions. The Panel has considered all written submissions, including letters of support and objection to the Amendment and the application, and all submissions presented to it at the hearing in reaching its conclusions and recommendations.

The Panel is generally satisfied that the Shire of Moonee Valley has fulfilled its basic obligations under the Act in processing the Amendment and that no party which made a submission has been denied its right to be heard and in having its submission considered.

2.4. Changes as a Result of Exhibition In consequence of the Submissions the Council has made a number of revisions to the proposed Amendment. Copies were forwarded to all submitters on 15th May 2002 and opportunity provided for the further review of the documents prior to the Hearing. The Amendment is attached as Appendix 1 - the changes appearing in bold type.

The changes made by the Council responded to a number of issues raised by Melbourne Water that related to the potential of the area to flood. No further comments were received from submitters in relation to these amendments. The amendments to the exhibited form of the Amendment have addressed the concerns raised by Melbourne Water and are, in the Panel’s view appropriate amendments.

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2.5. Hearings A Directions Hearing in relation to this matter was held on 1 May 2002. A number of directions were made about matters relating to the hearing and a copy of the letter that outlined those directions is attached as Appendix 2.

The hearing was held on Wednesday 5th June at the City of Moonee Valley Civic Offices.

There were no procedural matters raised during the course of the Panel Hearing which warrant some comment.

2.6. Appearances The Planning Authority was represented by Ms Catherine Hunichen, Senior Strategic Policy Officer

The City of Maribyrnong was represented by Mr Robin Dunstone, Strategic Planner

Although Mr Klaus Mueller of 53 Fisher Parade Ascot Vale also asked to be heard, business commitments prevented his appearance. He provided a copy of the written submissions he had intended to present through the Council officers and advised that he did not wish to take advantage of the opportunity to be heard at the Panel hearing.

2.7. Site visits Prior to the start of the Hearings, the Panel undertook an unaccompanied site visit to various parts of the Maribyrnong River particularly those parts referred to by Submitters on the morning prior to the Panel hearing. Each Panel member had also attended other parts of the River for the purpose of inspecting the area prior to the commencement of the hearing.

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3. THE AMENDMENT

3.1. The Exhibited Amendment The Amendment applies to land generally along the eastern or northern side of the Maribyrnong River valley in the City of Moonee Valley. It amends the Local Planning Policy Framework (LPPF) to incorporate a local policy - 'Maribyrnong River Corridor Policy' and include the 'Maribyrnong River Interface Urban Design Guidelines' as a reference document in Sections 21.06 and 21.18 of the MSS in the Planning Scheme. The Schedule 1 to the Design Development Overlay (DDO1) - Skyline Area (“DDO1”) is also amended to include reference to the 'Maribyrnong River Interface Urban Design Guidelines' in the decision guidelines.

The Amendment is intended to assist the Council in the exercise of its discretion when considering planning applications on land within the area of the DDO1. Land covered by this Overlay is primarily zoned Public Park and Recreation Zone being land adjacent to the Maribyrnong River. The overlay also affects fringing streets and housing development included in a residential zone. The DDO1 seeks to protect the valley landscape and enhance the skyline when viewed from the river and its banks. It also aims to protect the river environs from intrusive and inappropriate development.

The Skyline Area is generally the viewshed of the Maribyrnong valley as defined in the Lower Maribyrnong Concept Plan 1986. This concept plan provided the basis for the planning controls later translated into the Design Development Overlay in the new format Planning Scheme. The skyline controls only come into effect if the development proposed exceeds 6 metres in height. Neither the present skyline controls nor the amendments to them affect existing development.

3.2. Form of the Amendment The Amendment to the Planning Scheme consists of three parts containing:

• A new local policy entitled “Maribyrnong River Corridor Policy” which would become the new clause 21.11 of the Moonee Valley Planning Scheme; • Amendment of clause 21.06 of the Moonee Valley Planning Scheme to include the “Maribyrnong River Corridor Policy” and the “Maribyrnong River Interface Urban Design Guidelines” as reference documents in that clause; • Amendment of clause 21.18 of the Moonee Valley Planning Scheme to include the “Maribyrnong River Corridor Policy” and the “Maribyrnong River Interface Urban Design Guidelines” as reference documents in that clause; • Amendment to Design and Development Overlay – Schedule 1 – Skyline areas to include references to the “Maribyrnong River Interface Urban Design Guidelines”; • Amendment to the List of Amendments to the Moonee Valley Planning Scheme to include reference to and a description of the Amendment.

The Panel notes that Clause 81 of the Moonee Valley Planning Scheme has not been sought to be amended to include the Maribyrnong River Interface Urban Design Guidelines as an incorporated document. It is the Panel’s view that these guidelines should be included in this section as, if the Amendment is approved, they will be incorporated into the Moonee Valley Planning Scheme by the references to them in the amended clauses of that planning scheme.

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3.3. The Area Affected by the Amendment The Amendment applies to the portion of the Maribyrnong River corridor within the City of Moonee Valley and extends some 14 km along the river from Fisher Parade - Farnsworth Avenue or Langs Road Bridge, Ascot Vale West, northward to the railway trestle bridge at Avondale Heights.

The area affected by the Amendment is the area currently falling within the Design and Development Overlay (DD01) – Skyline Area. The area affected by the Amendment is shown in Figure 1.

Figure 1 Area affected by the Amendment.

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4. EXISTING CONDITIONS

4.1. The Locality Two main landscapes may be identified within Maribyrnong valley, largely defined by the landform of the river escarpment. The first comprises the incised river section with its steep valley sides below the western basalt plain. This section extends down-stream from the railway trestle bridge to west of Afton Street including the vicinity of Steele Creek. This section is adjacent to the Avondale Heights housing area where development has been generally confined to the escarpment edge. Much of this development is recent, certainly less than 20 year old, so that street trees and garden planting has yet to mature. In consequence paling fences and houses appear to dominate the escarpment skyline. Significant remnant vegetation cover has been identified on the Maribyrnong and Steele Creek escarpments, much of which is public open space. Regeneration works and replanting with indigenous bushland species is being undertaken in parkland areas. Solomon's Ford, west of Canning Street and the Tea Gardens site north of the Canning Reserve are among the heritage links to Koori and post contact history in this section of the valley. Extensive views are available along the valley from the escarpment edge where roads and public open space allow access.

The second landscape type occurs downstream from Afton Street where the valley broadens. The flood plain river terraces and river margins have become key parklands and recreation open space. Where the Maribyrnong escarpment is less steep, housing has been set into the valley landscape. Views in this section tend to be into the extensive areas of urban parkland adjacent to the river. These parks including Aberfeldie Park, Maribyrnong Park, and Fairbairn Park contain a structured landscape of playing fields and mature exotic trees. The research laboratories of ORICA are located south of Newsom Street adjacent to Fairbairn Park on the flood plain. The residential areas of Aberfeldie and Ascot Vale West, contain housing from the 1930's and 40's on larger allotments. Mature street trees and gardens in this area make an important contribution to the valley landscape. Along the margin of the river parklands, the houses are generally separated from the open space by roads. Multi unit housing redevelopment is evident along Fisher Parade and Kingston Avenue. Where this has occurred, large multi storey buildings with high site coverage have replaced single dwellings and large mature gardens. Some redeveloped allotments extend to the Maribyrnong River. The limited opportunity for larger scale tree planting associated with such development appears to have compromised the landscape of the river environs.

In the City of Maribyrnong on the opposite bank of the Maribyrnong River a large area of land, formerly occupied by Australian Defense Industries east of Gordon Street and north of Owen St, Footscray, known as the Edge Water Estate, is being redeveloped for medium density housing. The adjacent river flats are being reshaped as open space and wetland habitat to link with the Thompson Reserve and Pipe Makers Park to the north. Parkland fringes the river along Chifley Drive to the Maribyrnong Defense Explosives Complex north of Cordite Avenue. This complex occupies an extensive site overlooked from Avondale Heights. It is understood that this area is destined for housing redevelopment in the next 5 years. Further west along the Maribyrnong valley the escarpment becomes higher and steeper. Established industrial uses and recent housing development such as the Waterford Green Estate has been largely located along the escarpment edge with some incursion into the valley. As in the City of Moonee Valley native tree planting and revegetation is occurring on sections of this escarpment open space.

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4.2. Planning History and other Relevant Strategies

The Moonee Valley City Council submitted to the Panel that the recent history of development in the area to be affected by the Amendment had lead to its decision to pursue the Amendment. It described this recent history and the pressures associated with it as follows:

Over the past few years Council has experienced an increasing pressure for development along the River – it is a high amenity area that offers access to the River, views and open space. Some developments that have been approved though meeting planning criteria that relates to streetscape, have not adequately addressed in a design response, the second frontage – to the River – that these sites have. It had become evident that the current skyline controls and a need for other urban design matters to be considered in the design of buildings located adjacent to the waterway. Urban design elements such as bulk, scale, setback and materials are an important consideration, which the current skyline controls do not address to any significant extent.

In addition, Mr Robin Dunstone of Maribyrnong City Council provided further background to the current controls, stating:

The development controls for the Maribyrnong River were introduced in the 1980’s into the Melbourne Metropolitan Planning Scheme as a result of the work carried out by the Melbourne Metropolitan Board of Works, then the metropolitan planning, regional open space, and drainage authority. The MMBW was guided by an advisory committee of councils, and other government departments with an interest in the River. The Maribyrnong River Plan and its accompanying statutory document, The Lower Maribyrnong Concept Plan prepared under the MMNW Yarra Development Act 1981 provided the basis for the management of the Valley. The land use implementation of these plans occurs in the Moonee Valley and Maribyrnong Planning Schemes as:

• The Design and Development Overlay (Skyline Controls), • The Development Plan Overlay (protecting the banks and areas within 30m of the River), implementing the concept plan for the River that only has statutory effect within 30m of the river.

Mr Dunstone outlined the policy framework of the Maribyrnong Planning Scheme and referred to similar pressures existing within that municipality with respect to development along the River. He stated that Maribyrnong City Council was supportive of the Amendment and saw the development of a similar policy for the City of Maribyrnong as an advantage (although he referred to some differences between the two sides of the River, which may make identical policies inappropriate). He also noted that approval by the Minister would allow that Council to prepare complimentary local policy.

John Bennett, Manager Strategic Land Use Planning of Brimbank City Council provides comments in relation to the proposed amendment in his letter of 25 January 2002. He states, in part:

It is noted that the existing Design and Development Overlay (Schedule 1 – Skyline Areas) is almost identical to a similarly named and numbered overlay in the Brimbank Planning Scheme. The introduction of a specific policy to guide development on the Moonee Valley side of the Maribyrnong River is supported and further advances the recommendations and actions contained in the Lower Maribyrnong River Concept 9 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

Plan 1986 currently referred to in both the Moonee Valley and Brimbank Planning Schemes.

The Panel was extremely pleased to have the comments of these adjacent municipalities and is particularly grateful to Mr Dunstone for his comprehensive submission regarding the Amendment and issues affecting the Maribyrnong City Council side of the Maribyrnong River.

The Panel accepts that the Amendment will fit comfortably into the strategic planning framework of the major adjoining Council’s, and may in time, provide an impetus for further positive changes to the management of the Maribyrnong River.

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5. SUBMISSIONS TO THE PANEL

The Panel received 11 written submissions which were made to the Council in response to the advertisement of the proposed Amendment. These submissions are noted and summarised in Appendix 3.

The Panel also heard submissions at the Panel Hearing on behalf of the City of Moonee Valley and the City of Maribyrnong.

Mr Klaus Mueller, who was unable to attend the Panel hearing, forwarded his written submissions to the Panel through the Council.

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6. PLANNING CONTEXT

6.1. State Planning Policy Framework The Maribyrnong valley escarpment and the river environs are significant at the state level. The State Planning Policy Framework (SPPF) Environment Section requires Planning Authorities to plan in the interest of protection, conservation and management of a range of areas including catchments, waterways, flora and fauna, open space networks and the heritage of the natural and cultural environment.

SPPF Clause 15.01 refers to the protection of catchments, waterways and ground water and a requirement in Sub-clause 15.01.2 provides that:

responsible authorities should ensure that works at or near waterways provide for the protection and enhancement of the environmental qualities of waterways and instream uses…'.

Clause 15.07 refers to protection from wildfire and the need for planning authorities to identify wild fire risk environments.

The objective of Clause 15.09 relates to the protection and conservation of biodiversity and flora and fauna in particular:

communities under represented in conservation reserves, native grasslands, grassy woodlands and wetlands'.

Clause 15.10 indicates that regional open space networks should be planned for recreation and conservation of natural and cultural environments. This includes the linkage of major parks and activity areas. In addition responsible authorities should 'ensure the use and development adjoining regional open space networks, national parks and conservation reserves compliments the open space in terms of visual and noise impacts, treatment of waste water to reduce turbidity or pollution and preservation of vegetation'.

Clause 15.11 emphasises the importance of heritage places including the significance of 'parks, gardens, sites, areas, landscapes…associated with the historic and cultural development of Victoria'.

6.2. Municipal Strategic Statement Strengths of Moonee Valley are listed in Clause 21.02.2 of the MSS. Under the heading Environment it is noted that ' Moonee Valley is bounded by two waterways (the Maribyrnong River and the Moonee Ponds Creek) and offers an abundance of both structured and unstructured recreational opportunities. These waterways and Steele Creek can continue to be upgraded to become significant linear parks through the city'.

The Vision for Moonee Valley, Clause 21.03, based on the Corporate Plan for the city 'Moonee Valley 2010', identifies a number of key elements calling for: • recognition of the potential for the waterways to become linear recreation trails; • the natural environment (particularly remnant vegetation) to be conserved and enhanced; and • the values of waterways to be protected from pollution for the benefit of the ecosystem.

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The Vision also lists a number of key landuse and development components in Sub- clause 21.04.1 of the MSS relevant to the Maribyrnong valley environs. Namely 'Development along our Waterways’, ‘Recreation, Leisure and Public Open Space' and 'Heritage Conservation'.

The objective of Clause 21.18 of the MSS 'Development along our Waterways' is to 'protect and enhance our waterways and adjoining natural environment'. Key issues include: • Development adjacent to our waterways should be respectful of the natural environment; • The need to restore river corridors to enhance flora and fauna movement and to restore riparian zones for improved waterway ecosystems; • The need to preserve, manage and maintain our waterway areas for safety and aesthetic reasons and for future generations.

This clause includes reference to the Lower Maribyrnong Concept Plan among a number of studies describing the important natural characteristics of the city.

The objective of Clause 21.19 'Recreation, Leisure and Public Open Space' is to 'conserve the natural environment and provide a range of leisure opportunities'.

A Key issue is: • The need to preserve, manage and maintain our open space areas for safety, aesthetic and conservation reasons and for future generations.

Reference to the conservation of natural features of historical and cultural value is included in Clause 21.07 'Heritage Conservation'. Although the policy focus is on the built environment, neighbourhood character and streetscapes, both the planning strategies and corporate strategies in this clause include a commitment to the protection of significant natural features and natural areas of historical significance.

These Clauses specifically indicate that the objectives are to be achieved by Planning scheme strategies - namely zones and overlays, supported by a number of corporate strategies. VPP zones and overlays are applied: the PUZ 1 to watercourses, Public park and Recreation Zone to adjacent parkland. A range of overlays DDO1, LSIO, ESO, Heritage and Incorporated Plan Overlays have been applied to ensure that development is sensitive to the natural and cultural environment. The Public Acquisition Overlay is used in areas not in public ownership to further the objective of continuity of open space, linked paths and public access.

Measures of particular relevance to planning decisions on the Maribyrnong valley escarpment, the river margins and the floodplain are in summary: • Design Development Overlay (DDO1 - Skyline Area) Introduced with the objective of protecting the Maribyrnong River from visual intrusion from inappropriate siting or appearance of buildings and works. Also to protect and enhance the skyline when viewed from the river or its banks and to ensure development is consistent with any approved concept plan. A permit is required for fences roadworks and street furniture, building and works greater than 6 metres in height, subdivision and advertising. This overlay extends from the river to the crest of the defined escarpment or skyline area. • Land Subject to Inundation Overlay (LSIO). Identifies the sections of the Maribyrnong floodplain likely to be affected by the 1 in 100 year flood event and is intended to facilitate the management of the floodway and temporary storage of flood waters. A permit is required for 13 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

buildings and works except flood mitigation and underground services subject to satisfactory plans. Post and wire or post and rail fencing does not require a permit. Development applications must be referred to the floodplain management authority - Melbourne Water. • Environment Significance Overlays (ESO 4 - Maribyrnong River Escarpment and ESO 5 - Steele Creek Escarpment). These overlays apply to sections of the escarpment up stream from Afton Street. Both seek the conservation of indigenous vegetation and habitat values, encourage revegetation and weed control and the installation of interpretive elements, and minimise site disturbance. Permits are required for buildings, works and removal of indigenous vegetation, with the exception that the public land manager or its licensee does not require consent for buildings, works or clearing of non-indigenous vegetation. • Heritage Overlay (HO) This overlay applies to heritage places specified in the schedule. The purpose to implement the SPPF, LPPF including the MSS and among other things 'to conserve and enhance heritage places of natural and cultural significance and the elements which contribute to that significance'. A number of sites are indicated on the Overlay adjacent to the Maribyrnong namely Solomon's Ford (HO 113), Maribyrnong Park (HO004), Hurtle Street (HO006), Walter Burley Griffin Destructor (HO 57). • Incorporated Plan Overlay (IPO1 - Lower Maribyrnong River Concept Plan 1986). This overlay covers the Maribyrnong River and its immediate margins. Its purpose is to coordinate development, preserve the natural beauty and prevent deterioration of the river environs and facilitate public enjoyment of the river, its banks and environs.

6.3. Local Planning Policy The current Planning Scheme contains a number of local residential design policies documenting the preferred future character of Moonee Valley residential localities. Residential design policies of particular interest in planning for the Maribyrnong River environs are Avondale Heights (22.06.07), Essendon West (22.06.08), Aberfeldie (22.06.10), Moonee Ponds (22.06.11) and Ascott Vale (22.06.12). These policies are based on housing development and local neighbourhood character studies. The Residential Design Provisions are also available for the consideration of planning permit applications. Although the importance of proximity and views of the Maribyrnong River is mentioned in the policy rationale, these policies emphasise housing design and siting, streetscape and neighbourhood character issues.

6.4. Other Planning Strategies The Lower Maribyrnong Concept Plan 1986 was one of a number strategic plans prepared under legislation introduced in 1982. Originally the responsibility of the Melbourne and Metropolitan Board of Works, this role was transferred to the Ministry for Planning and Environment in 1985. The concept plan relates to the whole valley - the River, the floodplain, the valley escarpment and the skyline from the Hopetoun Bridge, Footscray, to the trestle bridge at Avondale Heights. When completed in 1986 the Lower Maribyrnong Concept Plan was supported by statutory controls in the pre amalgamation municipal planning schemes. In the new format Moonee Valley Planning Scheme the concept plan became an incorporated plan covered by an overlay (IPO1) primarily concerned with the River and development within 30 metres of its banks. Skyline controls were implemented by the application of the DDO1.

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6.5. Form of the Amendment The form of the Amendment is described in section 3.2 of this report. The Panel has considered whether this is the most appropriate way to implement the changes proposed and has concluded that the proposed form of the Amendment is appropriate.

The major policy changes are grouped together in one area while the Maribyrnong River Interface Urban Design Guidelines are appropriately referred to in the relevant decision making guidelines and as reference documents as required.

The Panel has, however, recommended that the Maribyrnong River Interface Urban Design Guidelines area included in section 81 as an incorporated document within the Moonee Valley Planning Scheme.

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7. KEY ISSUES

7.1. Objectives of the Amendment

The stated objectives of the Amendment are:

• Maintaining and strengthening the vegetation dominated landscape backdrop to the Maribyrnong River and the adjacent parklands; • Ensuring that buildings are set in leafy gardens complimenting the indigenous vegetation of the upper reaches of the River (above Steele Creek) and the more formalized parkland of the lower reaches of the River (below Steele Creek); • Encouraging the retention and enhancement of the vegetation covered hill faces and escarpment edges to the Maribyrnong River; • Encouraging the use of native vegetation on public and private land adjacent to the River, particularly in the upper reaches of the River within the municipality. • Ensuring that buildings do not dominate the River Corridor view shed and ridgelines • Blending the vegetation of the private gardens into the river corridor landscape; • Ensuring that adequate space is available on private land for the planting of substantial vegetation.

It is clear from the material submitted by the Council that it is the Amendment is also intended to implement the Council’s Moonee Valley 2010 strategy and its municipal strategic statement.

Panel Comment The Panel has considered the objectives of the Amendment and considers that the objectives are an appropriate basis for an amendment to the Planning Scheme. However, the Panel is uncertain as to how far the Amendment will go to achieving these objectives given the limited scope of application of the Amendment.

7.2. Flooding In the lower reaches of the Maribyrnong River recurrent flooding problems affecting urban areas have given stimulus to the development of comprehensive management plans and programs for mitigation works. The highest flood on record in the lower Maribyrnong occurred in September 1906. However in the most recent major flood of May 1974 private homes, vehicles, parkland and industry suffered the worst inundation for 68 years. The flood affected an area of some 385 ha including 127 houses and 50 commercial and industrial premises inundated to a depth of up to 1.5meters. Most of this damage occurred in what is now the City of Maribyrnong. In the City of Moonee Valley comparatively minor damage occurred on the flood margins in the vicinity of Woods Street Ascot Vale and in Canning Street, Avondale Heights, while major low-lying areas of open space such as Aberfeldie Park and Fairbairn Park were flooded. In recognition of flood potential the Planning Scheme includes the land subject to a 1 in 100 year flood event in the Land Subject to Inundation Overlay (LSIO).

Melbourne Water, responsible for floodplain management on the Lower Maribyrnong, made a lengthy submission to the Council concerning the Amendment commenting in detail on various sections of the Maribyrnong Interface Urban Design Guidelines. In essence Melbourne Water has concerns that vegetation enhancement and landscaping 16 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

works undertaken in the floodplain area may induce flood risk or increase flood levels. In addition it requested that new fencing on the floodplain be specified of open type so as to transmit flood flows. Building construction should not occur in the floodplain and all development should be subject to guidelines for floodplain management. Application of water sensitive urban design principles to the management of urban runoff was also advocated. The Council in considering this submission agreed to change the exhibited Amendment to include the comments and wording changes requested by Melbourne Water.

The submission from Mr K Mueller expressed concern that developers, on sites adjacent to the river, have changed the natural ground levels by expedient earthworks. The Amendment should prevent building on areas currently defined as floodplain. The Council agrees and has stated that measurement of heights as indicated in the Amendment will be based on the height of works from natural ground level.

Panel Comment The Panel is satisfied that the potential flooding of the Maribyrnong has been recognised in the Amendment. The LSIO makes clear the referral role of Melbourne Water in the consideration of development applications and ensures that its requirements are taken into account. The additional wording requested by Melbourne Water in the Maribyrnong Interface Urban Design Guidelines serves to reinforce the need for an appropriate design and management response to flooding issues. The Panel agrees with the Council's changes to the exhibited Amendment in response to the Melbourne Water submission.

7.3. Development Design and Site Coverage The current planning scheme DDO1 Skyline area sets out requirements relating to the design and built form of new development. In particular, development was to be in keeping with the character of the area, the river and its environs to be protected from visual intrusion caused by the inappropriate siting or appearance of building and works. A further objective was to protect and enhance the skyline when viewed from the Maribyrnong River. Development was also to be consistent with any approved concept plan (the Lower Maribyrnong River Concept Plan). However the decision guidelines in the current scheme are of limited assistance in determining the appropriateness of development. The recently introduced neighbourhood character provisions of the VPP also focus largely on streetscape issues.

In its submission to the Panel the Council stated that:

'…over the past few years Council has experienced an increasing pressure for development along the River - it is a high amenity area that offers access to the River, views and open space. Some developments that have been approved through meeting planning criteria that relates to streetscape, have not adequately addressed, in a design response, the second frontage - to the River - that these sites have. It had become evident that the current skyline controls were not addressing these issues. There was a clear gap in the planning controls and a need for other urban design matters to be considered in the design of buildings located adjacent to the waterway. Urban design elements such as bulk, scale, setback and materials are an important consideration, which the current skyline controls do not address to any significant extent'

In response to this need the Council engaged consultants and undertook an extensive program of community consultation in preparation for the inclusion of the outcomes of the 17 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

study and its recommendations in the Moonee Valley Planning Scheme. The Maribyrnong River Interface Urban Design Guidelines are to 'achieve a vegetation dominated landscape backdrop to the Maribyrnong River and parkland with buildings set in leafy gardens complementing the indigenous vegetation of the upper reaches (above Steele Creek) and the more formalized parkland of the lower reaches (below Steele Creek)'.

The guidelines set out additional information requirements to be provided by applicants for buildings and works approval. These include site contours, heights and setbacks of existing buildings on site and adjacent to the site, critical viewlines and plan outline of dwellings whose views to the River and parkland may be affected, any existing vegetation - particularly mature trees and adjacent sites of cultural heritage significance. The Urban Design Guidelines list 8 key elements with appropriate design responses: Parkland and river interface; Viewlines, skylines and views out; Vegetation and Habitat; Site coverage; Built Form; Colour, materials and design detail, Vehicle access and parking. The guideline document is illustrated with examples of inappropriate and preferred design solutions. The Maribyrnong River Corridor Policy comprising the major part of the Amendment includes these key elements as policy in the area covered by the DDO.

In terms of design requirements the Amendment indicates that the building height should not exceed 9 metres - defined as the vertical distance from the natural ground level and the finished roof height directly above. Monolithic building forms and sheer multi-storey elevations are to be avoided. Development should be below the dominant tree canopy height or the future developed tree canopy. Siting and site coverage requirements are intended to ensure that adequate space is available in private ownership for landscape planting and to minimise visual intrusion into the view corridors. This objective is also addressed in reference to in-ground utility services and earthworks on site. Where development directly abuts parkland a setback of 5 metres minimum is required and where the building fronts onto a road adjacent to the River parkland the setback should match the prevailing setback of the street. A minimum of 1 metre setback is required from side boundaries. Natural colours should be used and reflective and bright colours avoided.

The Panel has considered whether the reference in the to the 9 metre height limit in appropriate within the framework of the Victoria Planning Provisions or whether it is of a prescriptive nature which is generally sought to be avoided under the new format planning scheme regime. In this instance, the panel is satisfied that this reference is a performance-based standard in that it is an indication of an appropriate height limit based on objected criteria including the likelihood of a building of that height protruding above the ridgeline. The way in which the proposed guidelines sit within the policy framework also allows some ability for development above this height provided the additional height can be justified in the circumstances.

Melbourne Water in a lengthy submission sought the modification of the Amendment to ensure that new development should be located beyond flood affected areas. In addition development should be well offset from the high banks of the waterway to protect the integrity of the banks and provide and area of sufficient width for maintenance access. Melbourne Water was also concerned that new access; parking, carports and garages must designed so as to not be adversely affected by flooding. Others were concerned that on-street traffic and parking in the area have intensified to dangerous levels. The Council has resolved to modify the Amendment to include reference to Melbourne Water concerns.

18 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

In its presentation to the Panel supporting the Amendment, the City of Maribyrnong indicated that it has implemented the Lower Maribyrnong Concept Plan through its Planning Scheme. The MSS and a range of local policies and controls include the DDO - Skyline Area, Comprehensive Development zones for major redevelopment sites and a Development Plan Overlay protecting the immediate environs of the River. The Council is currently embarking on Neighbourhood Character studies and is considering a skyline and escarpment study. Referring to the Edge Water Estate at Footscray, Maribyrnong Council stated that: '

'…the key challenges are to achieve appropriate interfaces of development with the valley and to ensure that a "wall of buildings" will not be created on the escarpment that divides the top of the estate from the fill platform housing below.'

Further major redevelopment of former Defense Department sites is foreshadowed. One such area of Defense Department land exists west of Afton Street in the City of Moonee Valley.

Various submitters commented that multi-unit development as has occurred along Fisher Parade should be avoided. Preferably development of 'buildings within a landscape' should be achieved by managing site coverage and retention of view corridors. Some submitters considered that it was too late to prevent development such as that along Fisher Parade where buildings oppose the landscape and setbacks from the River are insufficient. Mr K Mueller has submitted that rather than prescribed setbacks it would be better to set out desired outcomes.

'Building on sites directly abutting the river or river parkland is not visible or will not be visibly obstructive from the river and the associated river parkland corridor or when viewed from other identified key viewing points, and that adequate vegetation is to be retained and planted.'

Because the minimum setback of 5 metres is likely to become the standard, an alternative setback requirement of 20-30 metres from the River should be required particularly Fisher Parade. In response to these submissions the Moonee Valley Council has noted that:

' the approval of these the apartment style developments has been based on the Good Design Guide, the LSIO and DDO - Skyline area. The proposed guidelines and policy are intended to provide guidance for appropriate development. The Council has the additional tools of the Residential Development Provisions to define appropriate style development.'

Panel Comment During its inspection the Panel noted that development upstream of Steele Creek is relatively recent and that large dwellings and paling fences dominate the skyline. Opportunity for further infill development appears relatively limited. Downstream from Steele Creek impact from redevelopment may be significant particularly in Ascot Vale where houses are relatively close to the river and intrusion into the corridor landscape has occurred in the past. Where infill and redevelopment is possible the Panel agrees that amplification of development and siting guidelines as proposed in the Amendment is desirable and will facilitate consideration of development applications by the Council. However proposed policies continue to apply only to new development where the proposed buildings exceed 6 metres in height. Thus the DDO1 development application threshold remains unchanged and the scope for the guidelines to be implemented is limited as a result.

19 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

By far the major extent of the DDO1 Skyline area is public land. Although public land managers are exempt in many instances from the need for many forms of planning approval, the guidelines should prove to be useful as guiding principles in the decision making for the development of public facilities in parkland and escarpment areas.

While the policy and guidelines indicate a 'preferred' building height maximum of 9 metres, it is important that this height should be generally lower than the dominant tree canopy height if the objective of 'buildings in a treed landscape' is to be achieved. The Council has indicated that that the Amendment is intended to provide guidance for development in negotiating desired planning outcomes. In locations such as the Kingston Avenue - Fisher Parade area, the pressure for change is apparent. The panel is of the opinion that the objective based building height proposed in the policy is likely to be important in ensuring that built form is responsive in scale to the parkland, vegetation and habitat objectives for the skyline, urban parkland and River margin components of the DDO1 area.

The objectives and requirements of each relevant part of the Planning Scheme will clearly need to be balanced with the Amendment, and, it is expected that the outcomes will vary within the DDO1 – Skyline area. For example, although the setbacks are stated to be a minimum requirement it is doubtful that these will provide sufficient area for large- scale tree planting and landscaping or adequate space between buildings for the retention of viewlines. This point is eluded to be the submission from Mr Mueller who suggests requirements of 20 metres in order to ensure that 5m does not “become standard”. The Panel does not agree that that a setback of this magnitude should be included in the policy as a set back of that size will not be required in every case. It is hoped that the Council will not allow the minimum 5m setback to become standard where that setback is patently inadequate in the circumstances.

The requirement that space be provided for one 'substantial tree' for every 200 square metres of site area, will also pose challenges for designers. The vegetation requirements intended to promote a 'vegetation dominated skyline' and the blending of development with adjacent open space has the potential to compromise the objective seeking the retention of viewlines and views out unless care is used in design.

7.4. Fencing and Security Issues

A number of submitters have raised concerns arising form the fencing requirements in the Maribyrnong River Interface Urban Design Guidelines. The issue of fencing is discussed at clause 4.1 of the Maribyrnong River Interface Urban Design Guidelines, in the following terms:

3 Within the flood plain, a planning permit is generally required for a fence, in this area, low of no fences are encouraged fronting onto the park, Any new fencing in the floodplain should be an open style so as to transmit flood waters. Where fencing is required for security reasons this should be transparent using materials such as wire mesh. Dark colours are preferred. Where visual screening is required for privacy it is recommended that massed vegetation blending with the park plantings be used.

The strategic justification of this requirement is to allow maximum surveillance of the park from private properties and to most effectively manage the interface between private land and park land.

20 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

Mr and Mrs Mayne raised concerns in their submissions relating the potential for low or mesh fencing to constitute a fire hazard and to be inadequate for providing security to private property. The Councils submitted that it has a fire management plan in place which it considered would deal with the problems alluded to in Mr and Mrs Mayne’s submission.

Panel Comment The Panel considers that the points made by Mr and Mrs Mayne are appropriately raised and issues worthy of consideration. However, the Panel considers that the proposed policy has sufficient inherent flexibility to allow the Council to approve more substantial fencing when a need can be made out by reference to the proximity of the property to the River or other factors which give rise to the need for special security measures.

7.5. Management of the River Environs As noted earlier the major extent of the DDO1 Skyline area is public land comprising predominantly the grassland escarpment in the upper section and parkland areas on the floodplain in the lower reaches of the River. This area is zoned Public Park and Recreation and the Maribyrnong River - PUZ 1. Land Subject to Inundation Overlay, Environmental Significance Overlays, Incorporated Plan Overlay and the Heritage Overlay also provide particular requirements for the planning and management of various parts in addition to the DDO1 Skyline Area.

For example although a permit is required for buildings, works and subdivision in the PPRZ exemptions include the construction of paths seating and other amenities, planting and landscaping, fencing 1metre or less in height, buildings shown on an incorporated plan, and buildings and works of a number of government agencies. Decision guidelines require the comments of the public land manager to be sought and compliance with relevant use, design or siting guidelines. Where approvals are required the proposed Maribyrnong River Policy will assist the Council in the decision process.

Day to day land management is the responsibility of Melbourne Water as the floodplain and drainage management authority with Parks Victoria and the Council responsible for recreation and open space. A high degree of cooperation between land managers is evident, for example, in the creation of pathways linking the major areas of open space as part of the active development of the River environs for community use.

A number of submissions advocated the promotion of indigenous native vegetation as the preferred landscape within the Maribyrnong valley. The Council supports this approach. A recommended plant list is included in the Appendix to the Maribyrnong River Interface Urban Design Guidelines. These suggested plantings provide a list for the Maribyrnong River Escarpment comprising mainly native species of wattles, yellow box and smaller shrubs. The list for the River Parkland Frontages contains a suggested choice of exotic and native trees with potential to grow to significant size. Mature heights range from 10 to 30 metres. Given the existing mixed planting of the downstream parklands the suggested plant list is appropriate and if adopted in development projects should materially assist in the attainment of the 'buildings in a treed landscape' objective.

Both Melbourne Water and the City of Maribyrnong in their submissions advocated the adoption of a "green" approach to the management of urban drainage runoff before it is discharged to the Maribyrnong River. This approach involves increased percolation by retention of permeable areas restricting use of paved sealed surfaces, energy sequestration by vegetation planting, and maintenance of biodiversity from choice of native species. In these ways a contribution to ESD can also be achieved. A major wetland feature is in course of construction adjacent to the Edge Water Estate at 21 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

Footscray in the City of Maribyrnong. In response to these submissions the Moonee Valley Council has agreed include a further policy in the Amendment under the section relating to construction and detailed design. This policy states that it is intended to: '….encourage an environmentally sustainable design and development approach to new works, including water sensitive urban design principles to manage runoff prior to discharging to the River, use of swale drains and sediment traps.'

Concerns about vegetation management were raised in some submissions particularly in reference to seasonal fire hazard. This problem is particularly apparent in the upper reaches where access is difficult and the use of firebreaks precluded because many areas are too steep to mow. Poor planting strategies in the past may have given rise to the build up of debris and plant material. It is the practice of Parks Victoria to prepare and implement fire management plans for those areas of the Maribyrnong valley parkland under its control. The Council in its response to the submissions has acknowledged that there is a need for maintenance and the creation of adequate fire breaks.

The policy intent that mature trees be retained on sites undergoing redevelopment has been raised as an issue in submissions. The common practice of 'moonscaping' allotments prior to redevelopment leads to the loss of existing vegetation. The Maribyrnong River Corridor Policy seeks the retention of trees that form a continuous tree canopy beyond the property and the planting of trees where these will add to such a continuous canopy. However these policy requirements only apply if the proposed development is to exceed a height of 6 metres. While it is possible in residential zones for vegetation protection to be exercised under neighbourhood character provisions of the VPP, redevelopment sites and allotments along the margins of the open space and skyline area appear vulnerable to inappropriate clearing. Vegetation protection appears a piecemeal process limited to areas identified by Overlays for example in the ESO.

Panel Comment The panel considers that the DDO1 as a vehicle for the implementation of policy and urban design guidelines has a limited role in the management of vegetation on private and public land within the River environs. However the objectives and policies do support sound planning and good management practice. The Council and Parks Victoria have indicated a preparedness to responded appropriately to concerns require which require management action rather than planning approval processes.

22 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

8. PANEL CONCLUSIONS

The Panel has concluded:

1. The Panel is generally satisfied that Moonee Valley has fulfilled its basic obligations under the Act in processing the Amendment and that no party which made a submission has been denied the opportunity to be heard and in having its submission considered.

2. The Panel has considered the objectives of the Amendment and considers that the objectives are an appropriate basis for an amendment to the Planning Scheme.

3. The Panel is satisfied that the potential flooding of the Maribyrnong has recognised in the Amendment. The additional wording requested by Melbourne Water in the Maribyrnong Interface Urban Design Guidelines serves to reinforce the need for an appropriate design and management response to flooding issues. The Panel agrees with the Council's amendments to the Guidelines and Policy in response to the Melbourne Water submission.

4. Where infill and redevelopment is possible the Panel agrees that the amplification of development and siting guidelines as proposed by the Amendment is desirable and will facilitate consideration of development applications by the Council.

5. The Amendment will only affect new developments having a height greater than 6 metres within the area falling within the Design and Development Overlay 1 – Skyline area. It is anticipated that the Amendment will have a limited but important role. While the Panel is not required to consider any extended role of the policies set out in the Amendment the Panel believes the principles set out in the Amendment are soundly based and could, if such an amendment was sought, support broader application.

6. The Panel considers that the objective based building height proposed in the Amendment is likely to be important in ensuring that built form is responsive in scale to the parkland, vegetation and habitat objectives for the skyline, urban parkland and River margin components of the area to which it applies.

7. The Panel considers that the proposed application of the policy to the construction of fencing is appropriate and that it contains sufficient flexibility to allow the Council to approve more substantial fencing when a need can be made out by reference to the proximity of the property to the River or other factors which give rise to the need for special security measures.

8. The Panel considers that the Amendment provides sufficient support for the Council’s preference for the retention and supplementing of local indigenous species in the area. This objective was supported by many of the submitters.

9. The Panel considers that the Maribyrnong River Urban Design Interface Guidelines should be included in clause 81 of the Maribyrnong Planning Scheme as an incorporated document.

23 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

9. STRATEGIC ASSESSMENT Strategic Assessment Guidelines are included as a General Practice Note in the VPPs and should be used by Councils and Panel during the consideration of amendments (or proposals). The Strategic Assessment Guidelines include a number of matters that should be considered to ensure that planning is strategic and policy based. The broad issues to be considered in assessing an amendment include the following, and each of these matters is briefly addressed in turn.

• Is an amendment required? • What is the strategic basis for the amendment or proposal? • Have the requirements of the Act been considered? • Does the amendment or proposal support or implement the SPPF and the LPPF? • What consequences will any proposed or necessary changes to the MSS or local planning policies have for other aspects of the policy framework? • Does the amendment make proper use of the VPP? • What is the outcome of the amendment or proposal in terms of the planning scheme’s strategic directions, usability and transparency?

9.1. Strategic Justification of the Amendment The amendment implements the objectives and strategies in the MSS and in particular assists in the implementation of the Lower Maribyrnong Concept Plan. It is also internally consistent with the Planning Scheme.

9.2. Consistency with the P & E Act Section 4 of the Planning and Environment Act sets out the objectives for Planning in Victoria. The Amendment in the Panel's view is consistent with these objectives. The Policy and the Guidelines are based on appropriate studies and will implement the MSS and associated residential design policies.

9.3. Consistency with the SPPF The Moonee Valley MSS is soundly based in the SPPF and LPPF and the strategies associated with it and is an adequate basis for local policy. The further work undertaken in preparation of this amendment will improve the implementation of Strategies associated with the Maribyrnong River Corridor.

9.4. Consistency with the Ministerial Directions The Amendment is consistent with the Ministerial Directions including the Ministerial Direction on Form and Content of Planning Schemes.

9.5. Consistency with Planning Practice Notes The Amendment is also consistent with the Practice Note on Writing a Local Planning Policy.

24 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

9.6. Panel Conclusions The Panel is satisfied that the Amendment has a sound strategic basis. The City of Moonee Valley has undertaken strategic and design studies followed by a lengthy process of consultation with the community affected by the proposals. It is a well prepared and cohesive document consistent with all strategic assessment requirements.

The Amendment is soundly based and although limited in its effect to new development greater than 6 metres in height, it will provide valuable guidance to the Council and developers in their understanding and administration of the Design Development Overlay 1 Skyline Areas.

25 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

10. OVERALL CONCLUSIONS The Panel considers that the proposed Amendment should be adopted in the form presented to the Panel amended to:

1. Eliminate some patent typographical errors apparent on the face of the documents presented to the panel.

2. Include the Maribyrnong River Urban Design Interface Guidelines in clause 81 of the Moonee Valley Planning Scheme as an incorporated document.

26 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

11. RECOMMENDATION For the reasons contained in this report, the Panel recommends that Amendment C28 to the Moonee Valley Planning Scheme be approved, subject to the minor amendments set out in section 10 above.

27 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

APPENDICIES

APPENDIX 1: MARIBYRNONG RIVER CORRIDOR POLICY

The Policy document below contains the modifications agreed by the Council following the exhibition period and consideration of the Submissions

The additions and alterations are indicated in bold.

28 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

22.10 MARIBYRNONG RIVER CORRIDOR POLICY This policy applies to development and works on the land along the Maribyrnong River in the City of Moonee Valley covered by the Design Development Overlay (DDO1) –Skyline Area (See Planning Scheme Maps No 5 DDO, No 9DDO, No 10DDO, No 11DDO and No 14DDO).

22.10-1 Policy basis This policy assists in achieving the aims of the Municipal Strategic Statement that seek to ensure that the City continues to be an attractive place in which to live and to ensure that new development is carefully designed to respect its context. The Maribyrnong River forms one of the boundaries of the municipality and is therefore an important gateway to the City. Its appearance therefore reflects on the image of the municipality. Development adjacent to the waterway should respect the natural character, beauty and integrity of the area (Clause 21.18) The River and its adjacent parklands are recognised as an important regional natural and recreational resource. Some parts contain indigenous vegetation that acts as wildlife corridors. Other parts contain more formal parklands that provide direct access to the River. The dominance of vegetation in views along the River corridor and from the River has long been recognised as a significant attribute of the region. It is important to ensure that this asset is enhanced, improved and the public open space areas supported for recreation and community use (Clause 21.19). The policy also implements the recommendations of the Maribyrnong River Interface Urban Design Guidelines 2001 which identify the key characteristics and vision for the Maribyrnong River environs, and appropriate responses by development within the area to these characteristics and vision.

22.10-2 Objectives ƒ To maintain and strengthen the vegetation dominated landscape backdrop to the Maribyrnong River and the adjacent parklands. ƒ To ensure that buildings are set in leafy gardens complimenting the indigenous vegetation of the upper reaches of the River (above Steele Creek) and the more formalised parkland of the lower reaches (below Steele Creek.) ƒ To encourage the retention and enhancement of the vegetation-covered hill faces and escarpment edges to the Maribyrnong River. ƒ To encourage the use of native vegetation on public and private land adjacent to the River, particularly in the upper reaches of the River within the municipality. ƒ To ensure that buildings do not dominate the River Corridor viewshed and ridgelines. ƒ To encourage an environment that is safe and aesthetic adjacent to the River, the parklands and private property. ƒ To blend the vegetation of the private gardens into the river corridor landscape. ƒ To ensure that adequate space is available on private land for the planting of substantial vegetation.

22.10-3 Policy

Parkland and River Interface

Policy objective To ensure that new development adjacent to the riverside parkland blends with the landscape of the River Corridor and contributes to a safer and more aesthetic environment along the edges of the parkland. It is policy to: ƒ Encourage new development to incorporate elements, that increase natural surveillance (such as windows, decks and balconies), general safety and public accessibility of the public open space within the Maribyrnong River Corridor. ƒ Encourage the design of the development to front onto the River and the parkland as well as the street. ƒ Encourage low or no fences fronting onto the park. Where a high fencing is required for security purposes, it is to be transparent mesh and dark in colour. Where visual screening is required for privacy use, massed vegetation blending with the park plantings is to be used. ƒ Discourage retaining walls and structures along the River parkland edge frontage, except where it is evident that erosion exceeds acceptable levels. Where walls are required to ameliorate or prevent 29 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

erosion it is policy that they are should be constructed with materials, such as timber and natural stone, that blend with the natural environment of the River. ƒ Ensure private construction elements or works such as steps, earthworks or private plantings do not extend onto the parkland reserves. ƒ Discourage the construction of buildings within the active floodplain. Any development in this area should be in accordance with appropriate guidelines for floodplain management.

Viewlines, Skylines and Views Out

Policy objectives To maintain a vegetation dominated skyline when viewed from the River and adjoining parkland and to protect existing views to the River from adjacent streets and public spaces. To provide reasonable sharing of views to the River and adjoining parkland from private properties. It is policy to: ƒ Discourage dominant building and roof forms particularly on prominent hill faces and ridges or within the skyline when viewed from the River or from within the riverside parkland. ƒ Encourage new development to respect existing view corridors to the River and parklands from existing nearby properties. ƒ Maintain views through existing and new development from adjacent roads and footpaths to the River and Parkland. ƒ Locate new buildings on the site to minimise views of the building from the River frontage and adjacent parkland.

Vegetation and Habitat

Policy objective To provide continuity of vegetation from the riverside parkland to the gardens of private development, and to extend the habitat for native fauna. It is policy to ensure that: ƒ A landscape plan accompanies all development proposals that utilises appropriate species. (see Moonee Valley Maribyrnong River Interface Guidelines for list of appropriate plants) ƒ Ensure that space is provided on each site for the planting of one substantial tree for every 200 square metres of site area. ƒ 50% of unbuilt space is water permeable and able to support vegetation. ƒ Indigenous species are used in landscape design, particularly upstream from Steele Creek, to complement the riverine planting of the parkland (see Moonee Valley Maribyrnong River Interface Guidelines for list of indigenous plants) ƒ Buildings, works, paving and other non-permeable surfaces are located outside the mature drip line (ie the edge of the tree canopy). ƒ Trees that form part of a continuous canopy beyond the property are retained, and new trees are planted in a position where they will add to such a continuous canopy. ƒ Density of planting in flood affected areas should allow adequate drainage and should not increase flood levels. ƒ Plant species used in flood affected areas should be capable of withstanding flood impacts and not contribute to adding debris to floodwaters. ƒ Density of planting should not result in obscuring views, create a potential fire hazard or increase maintenance of the landscaped areas.

30 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

Siting

Policy objective To ensure that adequate space is available on land in private ownership for the retention and planting of vegetation, and to minimise intrusion into view corridors along the River. It is policy to ensure that: ƒ Buildings on sites directly abutting River parkland are setback a minimum of 5 metres from the boundary with the parkland. Where a lesser setback is proposed, the applicant should demonstrate that the development is not visible or will not be visually obtrusive from the River and associated parkland corridor, or when viewed from other identified key viewing points, and that adequate vegetation is to be retained and planted ƒ The front setback of all buildings fronting a road adjacent to the River parkland matches the predominant setback of the street. ƒ All buildings on sites adjacent to the River parkland are setback at least 1 metre from both side boundaries. ƒ New development adjacent to the River parkland should be sited beyond flood affected areas and away from the high banks of the waterway. ƒ The subdivision of land adjacent to the River parkland should provide for adequate offset distance from the high bank so as to provide for public maintenance access and protect bank integrity. ƒ Development should not impact on riparian vegetation abutting the River.

Built Form

Policy objective To encourage built form that responds to and complements the River and its natural setting. It is policy to ensure buildings and works: ƒ Are below the dominant tree canopy height or the future mature tree canopy in newer areas. ƒ Do not exceed 9 metres in height other than for architectural features and design details. ƒ Are designed to follow the contours or step down the site whilst avoiding dominating building forms and materials. ƒ Are articulated into separate elements. ƒ Avoid dominating monolithic building forms and sheer multiple storey elevations without articulation. ƒ Respect the built form character of the immediate streetscapes.

Colour, Materials and Design Detail

Policy objective To use colours and materials which blend into the landscape backdrop of the River Corridor as well as complimenting the streetscape. It is policy to ensure buildings and works: ƒ Use materials and colours that are drawn from a palette of natural appearing materials and blend with the landscape setting and the existing streetscape. ƒ Avoid highly reflective or brightly coloured building materials, particularly brightly coloured roof tiles.

31 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

Vehicle Access and Parking

Policy objective To minimise loss of garden space and dominance of car storage facilities in the River environment. It is policy to: ƒ Locate all carports and garages at or behind the frontage line of the dwelling. ƒ Avoid garages and carports with the rear setback where the site immediately abuts the River parkland. ƒ New vehicle access or parking areas should be designed and sited so that they are not adversely affected by flooding of flood impacts.

Construction and Detailed Design Considerations

Policy objective To minimise the impact of new construction on the River corridor and permanent scaring of the landscape.

It is policy to: ƒ Protect existing trees and particularly indigenous vegetation during construction and provide sufficient space free of development to maintain the tree in a healthy condition. ƒ Plan the alignment of drains, pipes and other services so as to avoid damage to existing and proposed trees and their roots. ƒ Minimise the need for earthworks on the site. Any earthworks must be done such that the volume of cutting within the floodplain is equivalent or greater than the volume of filling, so as not to cause adverse flood impacts. ƒ Keep all overburden within the confines of the individual site and in particular avoid spilling overburden onto the River and parkland area. ƒ Avoid stockpiling rubbish and building materials on the parkland reserves and flood affected areas. ƒ Encourage an environmentally sustainable design and development approach to new works, including water sensitive urban design principles to manage runoff prior to discharging into the River, use of swale drains and sediment traps.

POLICY REFERENCE City of Moonee Valley Maribyrnong River Urban Design Interface Guidelines 2001, John Curtis Pty Ltd, with Planisphere.

32 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

APPENDIX 2: LETTER FROM DIRECTIONS HEARING

File: 65/8/28 Officer: Catherine Hunichen Phone: 9243 8867

15 May, 2002

As Addressed

Re: Amendment C28 – Maribyrnong River Interface Urban Design Guidelines

Please find enclosed a revised copy of the above Guidelines. This revision incorporates wording changes suggested by Melbourne Water (in bold and underlined) and other changes, in bold, requested in the submissions to the Amendment. Please note that while the maps and diagrams are not included in this draft, they remain unchanged.

This revised wording will be presented to the Panel hearing of 5 June 2002.

Also included for your information are the Directions and Panel timetable issued by the Panel from the Directions Hearing of 1 May.

If you require any further information please contact me on the above phone number.

Yours faithfully,

Catherine Hunichen Senior Strategic Policy Officer

33 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

APPENDIX 3: SUMMARY OF SUBMISSIONS

NAME ADDRESS ISSUES

Submissions from Public Authorities

1. Melbourne 630 Church Street No objection to the Amendment C28 and does Water Richmond 3121 not wish to be heard. Ms Caroline However additions were requested: Farquarson 1 Vision statement: Land Vegetation enhancement and increased risk of Development flooding; Officer Apply guidelines for floodplain management: 2 Use of Guidelines Site analysis etc Slope contours reduced to Australian Height Datum; Heights, Floor levels within floodplain to AHD: Site plans to include exotic and indigenous vegetation: Applicable flood levels for sites; Location of waterways, banks and flood extent with respect to development; 3 Key Landscape Characteristics etc Addition to "Prominent Escarpment Edge" - notable for naturalistic river banks and indigenous bushland; Addition to "Prominent Hill Faces" - immediate river banks more defined and formally landscaped with exotic and native vegetation; Redevelopment likely to cause loss of vegetation; Landscaping and topographic differences between "Upstream" and "Downstream from Steels Creek" involve more than plant materials choice. 4.1Urban Design Guidelines In Parklands and River Interface areas new development should also respect aesthetic qualities; Fences should be open to transmit flows and fencing on the floodplain should be avoided; Construction of buildings should not occur in the active floodplain and development must be in accord with the floodplain guidelines; 4.2 Vegetation and Habitat Density of planting should not lead to adverse impacts and increased flood levels; Plant species used should be capable of withstanding floods and not add debris to flood waters;

34 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

4.4 Siting and Site Coverage New development should be beyond flood affected areas; Sited away from high banks of the waterway particularly in steeper valley sections; Setbacks should provide for width for maintenance access; Bed and banks of the Maribyrnong must be protected; Development must not impact on riparian vegetation abutting the river; 4.7 Vehicle Access and Parking New access and parking must designed so as to not be adversely affected by flooding; New carports and garages must not be adversely affected by floods; 4.8 Construction and Detailed Design Any earthworks must ensure that the capacity of the floodplain is maintained; Placement of stockpiles in the floodplain to be avoided; Additional Reference to CSIRO urban stormwater environmental management guidelines; Consideration of a "green" approach to drainage runoff prior to discharge to the Maribyrnong.

2 Maribyrnong Napier Street Council supports the policy. It will compliment City Council Footscray 3011 Maribyrnong's broader polices for the River. David Other Councils can follow the policies. Womersley A "wall of development" as has occurred along Manager Urban Fisher Parade should be avoided and Planning preferably be "buildings within a landscape"; Managing site coverage and retention of view corridors is important in estate design; Mention should be made of the potential contribution to ESD through increased percolation, energy sequestration by vegetation planting, and biodiversity from choice of native species. Water sensitive urban design is gaining credence. Sensitive development will benefit eco-tourism and enhance visual and environmental strengths of the river valley; Discussion of future development of the Defense Site Maribyrnong suggested.

35 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

3 VicRoads 499 Ballarat Rd No adverse impact on VicRoads interests Metropolitan Sunshine 3020 noting that the in Schedule 1 of the DDO the North West exemption clauses for repairs and Region maintenance have been retained; B. T. Hickey The existing DDO schedule is inconsistent Planning with Brimbank and Melbourne Planning Engineer Schemes because it requires a permit for road-works and street furniture - a common schedule is desirable.

4 Department of Clarification of the extent of the area to which Infrastructure the policy is to apply (as for DDO1) sought. North West Link between MSS and policy basis should be Metropolitan strengthened; Region Objectives should refer to safety and amenity Matthew Rosel particularly in reference to Parkland and River interface; In Built Form repetition from DDO1 occurs;

5 SPI PowerNet 890 Wellington No objection to the Amendment Charles Brincat Road Keilor - West Melbourne 220kv Line crosses Executive Roweville 3178 the area affected; Manager Development infrastructure and landscaping Network Assets within 60 metres of the line should be referred to PowerNet for comment.

6 VicTrack 589 Collins Street No objection Access Melbourne 3000 M Powell Manager Major Projects

36 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

7 City of Brimbank Alexander Avenue The existing Design and Development Overlay John Bennett Sunshine Vic 3020 (Schedule 1) is almost identical to the similarly Manager named overlay in the Brimbank Planning Strategic land Scheme. Use Planning Supports the introduction of the Amendment considers that it further advances the recommendations and actions in the Lower Maribyrnong River Concept Plan 1986

37 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

Individual Submission from Moonee Valley Residents

8 Geoff Ward 5 Wood Street Supports the proposal but indigenous native Ascot Vale 3032 vegetation should be promoted; A list of plants should be prepared and made readily available.

9 David and 7 Brentwood Drive Brentwood Drive is in one of the narrowest Lesley Mayne Avondale Heights parts of the valley; 3034 Amendment C28 diminishes the safety of residents and river reserve neighbours; Fire hazard is a seasonal risk and the blending of park and private property by no or low transparent fencing precludes the use of firebreaks; Many areas are too steep to mow and the build up of debris and plant material has be made worse by poor planting strategies in the past; (Barbara Ct., Lacy St. and Laura Gve.) Many houses are close to walking paths and are relatively isolated - a secure boundary fence is necessary to keep undesirables out. Many people walk dogs, which may enter private property without proper fences; The position of existing property owners should be clarified in relation to the requirements of Amendment C28; Rights to repair and maintain existing property not conforming to C28 need clarification.

10 N Bryant 45 Fisher Parade Controls are too late to prevent development Ascot Vale 3032 such as along Fisher Parade; These buildings oppose the landscape and are not setback from the River; The streetscape is spoiled; Traffic and parking have intensified to dangerous levels; Documents are not in language the ordinary person can fully understand.

38 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______

11 Klaus Mueller 53 Fisher Parade Supports the amendment but doubts that the Ascot Vale 3032 policy will prevent inappropriate development as evident along Fisher Parade; There is an assumption that Parkland is contiguous along the River - this is not the case; Objectives could apply equally to development adjacent to the river or river parkland; The proposal that buildings on sites abutting the river be setback a minimum of 5 metres will become the standard with an ability to build closer in exceptional circumstance; The 5 metre setback is inadequate, even the 9 metre setback for existing building in Fisher Parade is folly; Rather than prescribe setbacks it would be better to set out desired outcomes - development not to be visible or visibly obstructive from the River or River parkland or key viewing points; Adequate vegetation should be retained and planted; Alternatively a setback requirement of 20 metres from the River should be required for Kingston Ave and Fisher Parade; The absence of rear and side fences should be encouraged to promote a park-like effect; The floodplain has been redefined by expedient earthworks; The policy should prevent building on areas currently defined as floodplain.

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