Moonee Valley Planning Scheme

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Moonee Valley Planning Scheme 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 1 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______________________________________________________________________________________ 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 2 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______________________________________________________________________________________ 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: The objectives of the Policy and particularly the vision statement and links to the MSS. Clarity and interpretation of the wording of the policy Descriptions of landscape and vegetation characteristics Flooding and protection of the banks and flood plain of the Maribyrnong River. Development design and siting including building heights, setbacks and view corridors. Vehicle access, parking and traffic. Fencing, privacy and security issues including the type and effect of fences, maintenance existing use rights. Management of the River environs - vegetation choices, management of seasonal fire hazards, landscaping requirements, and provision of maintenance access. Opportunity for development to adopt ESD principles particularly in the management of urban runoff. 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. 3 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______________________________________________________________________________________ 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. 4 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______________________________________________________________________________________ 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. 5 MOONEE VALLEY PLANNING SCHEME AMENDMENT C28 Report of the Panel ______________________________________________________________________________________ 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
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