POLICY IMPACT ASSESSMENT

Variation of State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

Environment Protection Authority State Government of

March 1999 POLICY IMPACT ASSESSMENT

Variation of State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

Environment Protection Authority Olderfleet Buildings 477 Collins Street Victoria 3000 Australia

Printed on recycled paper

Publication 638

ã Environment Protection Authority, March 1999

ISBN 0 7306 7551 3 Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

FOREWORD The development of the Docklands Area will provide significant benefits to Melbourne and the State of Victoria. The development aims to create a vibrant mix of residential, commercial, high-tech industrial and entertainment landuses. The Minister for Planning has amended the Melbourne Planning Scheme to establish a range of provisions which will ensure that development of the area reflects and enhances the special nature of the site. An important issue addressed through these changes to the Planning Scheme is noise, in particular music noise. As a result of the amendment, Docklands and an adjoining section of the Central Business District (the “Noise Attenuation Area”) are now subject to controls designed to ensure against loss of amenity due to noise from music venues within the Docklands area. State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N-2) was developed to protect ‘noise sensitive areas’ (eg. homes and other places where people sleep) throughout Victoria from music noise from indoor and outdoor venues. The Environment Protection Authority has reviewed SEPP N-2 to take account of the new planning regime for Docklands and the adjacent Noise Attenuation Area and to ensure that residents receive an appropriate level of protection from unwanted music noise. In accordance with the Environment Protection Act 1970, this policy review has involved public advertising of proposals for change, extensive stakeholder consultation on these proposals, preparation of a response to public comment and of a Policy Impact Assessment prior to consideration of a proposed policy variation by the Authority. This Policy Impact Assessment sets out the changes to the Policy and explains their rationale. It also provides a discussion of their likely impacts and briefly describes the policy review process.

BRIAN ROBINSON CHAIRMAN

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CONTENTS iii

1. INTRODUCTION...... 1 Overview...... 1 Context ...... 2 Victoria’s Environment Protection System...... 4 Approach to Impact Assessment ...... 4

2. ALTERNATIVE POLICY OPTIONS ...... 6 Do Nothing Option ...... 6 Exempt Outdoor Venues in the Docklands Area from SEPP N-2 ...... 6 Amend SEPP N-2 to Establish Specific Requirements for the Scheduled Area ...... 7 Adopted Option ...... 7

3. AN ANALYSIS OF THE VARIATION AND ITS IMPACTS ...... 8 Variation Clause 1 – Modifies Clause 17 of SEPP N-2...... 9 Variation Clause 2 – Inserts Three New Clauses to the Attainment Program ...... 11 Variation Clause 3 – Inserts a Definition of ‘Melbourne Docklands Area’...... 13 Variation Clause 4 – Inserts a Definition of ‘Scheduled Area’...... 14 Variation Clause 5 – Clarifies the Definition of ‘Outdoor Venue’...... 15 Variation Clause 6 – Provides the Definition of the Scheduled Area...... 16 Other Issues and Consultation...... 17

4. SUMMARY OF POLICY IMPACTS...... 18

APPENDIX 1: SUMMARY OF THE REQUIREMENTS OF SEPP N-2...... 21

APPENDIX 2: OTHER LEGISLATION CONTROLLING NOISE IN VICTORIA ...... 22

APPENDIX 3: OVERVIEW OF PLANNING CONTROL FOR THE SCHEDULED AREA... 23

APPENDIX 4: VARIATION OF THE STATE ENVIRONMENT PROTECTION POLICY (CONTROL OF MUSIC NOISE FROM PUBLIC PREMISES) NO. N-2...... 25

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1. INTRODUCTION

OVERVIEW The Docklands area is being developed as an important, residential, commercial, high-technology industrial and entertainment centre for Melbourne. The exact composition of the mix of development has not yet been finalised, but it will include a major facility (the Docklands ) which will be used from time to time as an outdoor concert venue. Concert noise from indoor and outdoor venues in Victoria is controlled by a combination of mechanisms established under the State’s planning and environment protection legislation. One of the key mechanisms is the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 (referred to as “SEPP N-2” in this document). SEPP N-2 defines both indoor and outdoor venues. Outdoor concert venues are predominantly sporting stadia at which occasional concerts are held which can attract very large crowds. Indoor venues include hotels and nightclubs, etc. (See Appendix 1 for a summary of the key provisions of SEPP N-2 and Appendix 2 for a brief description of other noise control legislation.) SEPP N-2 was developed to cover all of Victoria. The Docklands area, however, presents a unique and very different set of circumstances from those applying elsewhere in the State. It is an area of considerable size (approximately equivalent to the existing Central Business District) and geographic importance, which is now available for planning and development as an integrated whole. This unique type of major development area was not envisaged when SEPP N 2 was prepared in 1989. Given the special ‘greenfields’ nature of the Docklands development area, it is important that an integrated framework of environmental and planning requirements is established for the varied and mixed uses likely to occur there. It is also very important that these requirements are in place as early as practicable, so that both potential investors in commercial activities and potential buyers of residential properties are aware of the requirements and are able to make informed decisions. To meet these needs, complementary changes are required to statutory planning instruments and to State environment protection policy. The Government has already introduced specific planning arrangements which recognise the unique nature of the Docklands area. The responsible authority for the Melbourne Docklands area is the Minister for Planning and the Docklands Authority is a referral authority for all use and development applications. Planning policies, controls and requirements for the Melbourne Docklands area were introduced into Part 4 of the City of Melbourne Planning Scheme through Amendment L262 (approved by the Minister for Planning in August 1997). An important component of the Docklands development addressed in Part 4 of the Scheme is the construction and operation of the new 52,000 seat . While the stadium will have a sporting focus, it will be designed to be a major outdoor concert venue as well. The Docklands Stadium will be a purpose-built facility, constructed near the eastern end of Docklands, adjacent to Spencer Street Station, within an area that is yet to be developed. The announcement of the Government’s intention to locate the stadium within Docklands has preceded all other developments in the Docklands area and in many cases such developments will not be undertaken until after the stadium has been built. Given the anticipated proximity of future noise sensitive land uses (including residences) to the stadium, the issue of noise control, particularly from concerts, has been explicitly dealt with by Amendment L262 which requires all new or refurbished development to be purpose-built to protect residents from concert noise. More specifically, the amendment requires buildings to be appropriately designed and to employ noise attenuating building materials to provide acceptable maximum noise levels in habitable rooms, when concerts are in progress at the Docklands stadium. (An overview of the planning scheme controls is provided in Appendix 3.)

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These new planning requirements apply only to an area referred to in this Policy Impact Assessment as “the Scheduled area”. The Scheduled area includes the Melbourne Docklands area itself and a small area at the western end of the Central Business District (referred to in Amendment L262 as the “Noise Attenuation Area”). The total area is shown in Figure 1. To complement these changes to the planning regime, EPA is amending SEPP N-2. The changes set out in the variation to SEPP N-2 apply solely to the Scheduled Area as delineated in Figure 1. Outside this area the provisions of SEPP N-2 will continue to apply unchanged. The changes recognise the special nature of the Docklands development and will (together with the standards set in the amended planning scheme) provide a comprehensive framework for the control of music noise from venues throughout the Scheduled area. Specifically, the changes to N-2 draw on the planning scheme amendment outlined above and, in addition, require the occupier of any outdoor venue in the Docklands area to minimise emissions of noise by implementing a noise and operations management plan approved by EPA. Such plans will specify design and operating parameters for venues (and may include requirements relating to sound systems) to limit the potential for loss of amenity in the surrounding area. The changes therefore deal both with the minimisation of music noise at source and with attenuation of noise in buildings in noise sensitive areas. This Policy Impact Assessment (PIA) evaluates the options available in relation to SEPP N-2 (including the “no change” option) and indicates EPA’s preferred option. It goes on to set out the variation to the Policy, explain the rationale for these changes and discuss likely impacts. The PIA also provides a description of the policy review process.

CONTEXT The benefits to Victoria from a successful Docklands development are substantial: · the economic activity and job creation generated by an investment of about 2.5 billion dollars (this will increase private sector building construction in Victoria by up to 5% per annum over the duration of the development) · the potential for Melbourne to become a true waterfront city, increasing its attraction to both locals and tourists · the potential for Docklands to complement and enhance the existing Central Business District. The Docklands Stadium is a key component of the total Docklands development. Its operation will provide a variety of benefits to Melbourne and Victoria through: · direct expenditure by interstate and international visitors who are attracted to the State specifically as a result of events or activities staged at the stadium · the long term induced effect on number of tourist visits to the State which will flow from the enhancement of Melbourne’s image as a tourism destination. In reviewing SEPP N-2, EPA recognises both the significant potential benefits of the Docklands development for Victoria and the need to ensure that the effects of noise from indoor and outdoor venues is minimised. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

Figure 1: Map of the scheduled area

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VICTORIA’S ENVIRONMENT PROTECTION SYSTEM

The Environment Protection Act 1970 Victoria's environment protection system is based on the Environment Protection Act 1970. The Act establishes the Environment Protection Authority (EPA), defines EPA's powers, duties and functions and contains a number of instruments which are used to minimise pollution, noise, wastes and environmental risks. These instruments include State environment protection policies (SEPPs), Industrial Waste Management Policies (IWMPs), works approvals, licences, pollution abatement notices, noise control notices, environment improvement plans and industry waste reduction agreements.

State environment protection policy SEPPs provide a framework for environmental planning and decision making and a clear set of publicly agreed environmental objectives. SEPPs describe the “beneficial uses” of the environment which the community wishes to protect. In the case of noise, a beneficial use can include the ability to sleep undisturbed, or to hold a conversation without being disturbed by noise. SEPPs are statutory instruments which must be complied with by all private individuals and by all private and public sector organisations.

SEPP N-2 Music noise from public premises is controlled under a SEPP known as Control of Music Noise from Public Premises or “SEPP N-2”. It was proclaimed in 1989. The Policy goal is: to protect residents from levels of music noise that affect the beneficial uses made of noise sensitive areas while recognising the community demand for a wide range of musical entertainment. The term “noise sensitive areas” is defined in the policy. In brief, it includes places where people live and sleep such as residential homes. SEPP N-2 applies to the whole of Victoria. SEPP N-2 aims to protect people at home from unreasonable interference from music noise from both indoor venues such as hotels, discos and public halls and from outdoor concert venues. A more detailed explanation of SEPP N-2 is provided in Appendix 1.

Other relevant legislation, policies and strategies Noise in Victoria is controlled by a range of legislative instruments summarised in Appendix 2.

APPROACH TO IMPACT ASSESSMENT

Role of policy impact assessment Following amendments to the Environment Protection Act 1970 in June 1994, Policy Impact Assessments (PIAs) are required for all new or revised SEPPs. PIAs bring together all the relevant information relating to a new policy or a policy variation, setting out both the rationale behind and the impact of a policy in a clear and transparent manner for the community and decision makers to consider. The draft PIA was released with the draft variation to assist interested persons and organisations to comment on the draft variation. The final PIA accompanies the final policy recommended to Government. It also provides an explanatory and resource document for future users of the variation. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

Review of SEPP N-2 EPA advertised its intention to vary SEPP N-2 in early September 1997 with four advertisements in the Herald-Sun newspaper inviting community input to the development of a proposal to vary SEPP N-2. No public submissions were received as a result of this invitation. Discussions have been held with the Docklands Authority to ensure coordination with and formal input into Amendment L262 to the Melbourne Planning Scheme and to inform that Authority about the statutory processes required to vary a SEPP. Preliminary discussions on the variation to SEPP N-2 were also held with government departments and the City of Melbourne. The critical consultation phase included release of the draft variation to SEPP N-2 and the draft PIA. Over 400 copies of the draft policy variation and draft Policy Impact Assessment were distributed to stakeholders. The draft PIA provided information to assist the community to review and comment on the Policy variation. Public comment on the Policy variation and Policy Impact Assessment was sought, with the closing date for submissions being 24 August 1998. All submissions have been considered and a written summary of comments, together with EPA’s response, has been provided to all submitters and is available to any other interested parties. Once it has approved the Policy variation, the Environment Protection Authority will recommend to the Governor-in-Council that it be declared. Finally, the Policy variation and Policy Impact Assessment will be tabled in Parliament, where it is subject to review by the Scrutiny of Acts and Regulations Committee of Parliament.

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2. ALTERNATIVE POLICY OPTIONS This document is largely concerned with examining the draft variation. However, there were three major options available to address the issue of noise control within the Scheduled Area: · Do nothing and rely on the existing provisions of State Environment Protection Policy (Control of Music Noise from Public Premises) No N-2 · Review the existing SEPP N-2 by exempting the Docklands Area entirely from its application · Review the existing SEPP N-2 and establish new provisions to address the special circumstances for the Docklands development.

DO NOTHING OPTION Under this option, outdoor concert venues in the Docklands Area, including the Docklands Stadium, would have to comply with current outdoor noise limits in SEPP N-2. Compliance with the policy limit of 65 dB(A) outdoors in noise sensitive areas is unlikely to be consistently achieved given the typical noise levels of outdoor concerts and the probable proximity of noise sensitive areas to the Stadium. This creates the risk that such outdoor venues might often breach SEPP N-2 requirements when concerts were held, thereby limiting their potential to host concerts. The viability of outdoor concert venues within the Docklands Area would therefore be questionable. This option does not recognise the recently established planning requirements to soundproof new or refurbished development of residential and other noise sensitive buildings to protect amenity which will be enforced across the Scheduled Area. Nor does it recognise the need to allow for a mix of activities and uses in the Docklands Area. Most importantly, it also fails to allow for the unique opportunity to plan and develop the Docklands Area from scratch in a way that facilitates these mixed uses and activities.

EXEMPT OUTDOOR VENUES IN THE DOCKLANDS AREA FROM SEPP N-2 Exempting outdoor venues in the Docklands Area from all the requirements of SEPP N-2 would recognise that venues such as the Docklands Stadium and residential and other noise sensitive areas within Docklands are part of an integrated planning development. It would be based on the fact that residents within the Scheduled Area would be protected by the building requirements of the Melbourne Planning Scheme and on the assumption that residents in this integrated planning development would accept some loss of amenity associated with outdoor venue operations as inevitably following from the decision to implement such a development. However, under this option residents outside the Scheduled Area may be exposed to noise levels in excess of the levels allowed in residential areas near other outdoor venues. This could result in community concern and complaint because of expectations that the amenity be maintained outside the Scheduled Area where the special noise protection requirements of the Melbourne Planning Scheme will not apply. In addition, this option does not provide a basis for requiring outdoor concert venue operators to apply measures to control the emission of noise from their venue. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

AMEND SEPP N-2 TO ESTABLISH SPECIFIC REQUIREMENTS FOR THE SCHEDULED AREA The policy variation to make special provision for the Docklands development takes account of the special planning provisions which have been framed to protect amenity in the Docklands Area, and the adjacent Noise Attenuation Area, and makes specific provision for the control of noise emissions from outdoor concert venues within Docklands. The amended SEPP N-2 provisions will provide a high level of assurance that residents within the Docklands Area will be adequately protected from music noise indoors. Residents will have the protection of the planning scheme provisions concerning building design and of other controls in the Docklands Authority Act 1991, while the current SEPP N-2 policy limitations will continue to apply to residents outside the Scheduled Area. The planning scheme, which protects indoor amenity rather than outdoor amenity, will be complemented by provisions in the amended SEPP. These provisions will require outdoor venue operators to minimise noise emissions by implementing noise control measures, approved by EPA, in a noise and operations management plan. Nevertheless, because of the likely proximity of some noise sensitive areas to outdoor venues in Docklands, the level of protection of outdoor amenity may be limited in some areas during outdoor concerts. This potential for loss of outdoor amenity will in practice be limited by the distance of the noise source from the boundary of the Scheduled Area, since outside this area the existing SEPP N-2 noise limits will continue to apply. For example noise levels cannot (legally) exceed 65 dB(A) at a residence just outside the area. This implies an effective cap on the noise generated at any outdoor venue in the Docklands Area.

ADOPTED OPTION After consideration of the above options and public comment on these options. It was decided to adopt the option of removing outdoor venue music noise limits strictly within the Scheduled Area and adding a range of special provisions to safeguard indoor amenity. This will meet the need to ensure that a mix of uses and activities can occur within the Docklands Area while providing for an appropriate level of protection from unwanted noise. Noise from outdoor music venues will be minimised in a number of ways. In particular, operators of outdoor venues will need to prepare an EPA approved noise and operations management plan which outlines the measures that will be taken to minimise noise. In addition, under the Planning Scheme, new or refurbished buildings must employ measures which will minimise noise intrusion.

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3. AN ANALYSIS OF THE VARIATION AND ITS IMPACTS The purpose of this section is to explain each of the changes to SEPP N-2 and describe the likely impacts. In summary, the variation defines an area in which the outdoor concert noise limits of SEPP N-2 are replaced by alternative mechanisms for controlling outdoor concert noise. This area called the “Scheduled Area” includes all the Melbourne Docklands Area and an area called the Noise Attenuation Area which the Melbourne Planning Scheme deems to be affected by noise from the Docklands Stadium (refer Figure 1). The planning scheme has special noise control requirements for the entire Scheduled Area. Although under the variation, SEPP N-2 noise limits on music noise from outdoor venues would not apply here, the planning scheme provisions provide most of the means by which the policy goal of protecting people from noise will be attained. Additional measures in the policy variation will complement the planning scheme, requiring outdoor venue operators to minimise noise emissions. Outside the Scheduled Area, the existing requirements of SEPP N-2 will remain unchanged. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

VARIATION CLAUSE 1 – MODIFIES CLAUSE 17 OF SEPP N-2 In clause 17 add the following sentence: “This limit does not apply at any noise sensitive area within the Scheduled Area to music noise from any outdoor venue within the Melbourne Docklands Area.”. Clause 17 of SEPP N-2 prescribes the noise limit for outdoor venues as 65 dB(A) when measured outdoors or 55 dB(A) when measured indoors.

Purpose of the variation to clause 17 The purpose is to make it clear that music noise from any outdoor concert venue within the Docklands Area is not subject to the current outdoor decibel limits of SEPP N-2 when measured inside the Scheduled Area.

The effect of the clause The noise limits of SEPP N-2 for outdoor venues will not apply at ‘noise sensitive areas’ within the Scheduled Area. Instead such areas are protected in two ways: firstly, by the requirement that the operator of any outdoor venue within the Scheduled Area must prepare an EPA approved noise and operation management plan and, secondly, by the provisions of the Melbourne Planning Scheme which specify building criteria to protect indoor spaces (see below under variation clause 2). Outside the Scheduled Area, all existing policy provisions are maintained, thereby securing the rights of occupants of residential premises and of other noise sensitive areas such as hotels and hospitals. Noise outside dwellings within the Scheduled Area is not directly restricted by specific decibel limits under the variation. However, as noted above, the noise level at concerts at the Stadium, or at any other outdoor venue within the Docklands Area, will be effectively limited by the provisions of SEPP N-2 which will continue to set an upper limit on the permitted noise at any noise sensitive area outside the Scheduled Area. Dwellings within the Scheduled Area may experience relatively high noise levels on balconies and in other outdoor areas during concerts, with levels depending upon proximity and orientation to the Docklands Stadium or any other outdoor concert venue. The City of Melbourne raised an issue regarding the nuisance provisions of the Health Act 1958 and its relationship to the SEPP N-2 Variation. The variation does not change the current situation. Nuisance provisions still apply, but need to be administered with consideration that a specific statutory instrument (SEPP N-2) has been designed to deal with the concert noise issue. The policy provisions limiting to six the number of concerts which any outdoor venue can host in a financial year will not be changed. So any outdoor venue within Docklands wishing to hold more than six concerts in a year would have to apply to the EPA for permission in accordance with clause 30 of the policy. (In this context, a concert means an operation of an outdoor venue where the noise level exceeds 55 dB(A) measured outdoors in any noise sensitive area outside the Scheduled Area.) There may be some impact on the indoor noise amenity of some existing residents within the Noise Attenuation section of the Scheduled Area. SEPP N-2 currently sets a limit of 65 dB(A) outdoors or 55 dB(A) if measured indoors. [The 55 dB(A) is not strictly an indoor limit but rather a substitute to be employed in situations in which outdoor measurement is not feasible. It is measured with the windows open and is approximately equivalent to an outdoor level of 65 dB(A).] Where existing buildings in noise sensitive areas in the Scheduled Area lack the types of noise attenuation measures required in the planning scheme for new or refurbished buildings, the presently applicable SEPP N-2 noise limit may be exceeded during outdoor concerts at Docklands venues. The noise and operations management plan provision of the policy variation will be employed by EPA to minimise any loss of amenity. The intended effect of the change to the outdoor venue noise limit clause is to allow outdoor noise in the Scheduled Area from outdoor concert venues, recognising the unique nature of the area and the

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particular characteristics of the planning regime designed to protect against loss of amenity. Music noise from indoor venues such as future hotels and clubs will remain subject to current policy noise limits. This is an important distinction because indoor venues such as hotels, clubs and other like venues can emit high noise levels on a regular basis, whereas large scale outdoor concerts are held relatively infrequently. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

VARIATION CLAUSE 2 – INSERTS THREE NEW CLAUSES TO THE ATTAINMENT PROGRAM After Clause 29 in Part IV – ATTAINMENT PROGRAM, insert: “Noise Sensitive Areas within the Scheduled Area 29A. For the Scheduled Area- (a) noise control works to attenuate noise entering habitable rooms within noise sensitive areas affected by outdoor venues inside the Melbourne Docklands Area must achieve a minimum standard of 45 dB(A);

(b) The standard is assessed as an LAeq, 15 minutes inside habitable rooms with windows and external doors closed. 29B. The standard established in clause 29A will be implemented by- (a) approval and regulatory mechanisms contained within: (i) the Docklands Authority Act 1991; and (ii) the Planning and Environment Act 1987 including the application of development requirements specified in the Melbourne Planning Scheme where applicable. (b) progressive implementation of good building design and appropriate soundproofing as existing premises are refurbished. 29C. The occupier of an outdoor venue within the Melbourne Docklands Area must minimise noise emissions by implementing an appropriate noise and operations management plan which has been approved by the Authority.”.

Purpose of the clauses 29A & 29B These clauses describe the means by which the Scheduled Area is to be protected from concert noise from outdoor venues.

The effect of the clauses Clause 29A establishes a standard to which new dwellings must be soundproofed. Clause 29B describes the means by which the standard will be implemented. Within the Scheduled Area developers of future dwellings will need to take action to ensure that indoor residential amenity is maintained. New dwellings and other sensitive uses must be designed in such a way that minimises the intrusion of music noise from any outdoor concert venues. This is to be achieved primarily via the Melbourne Planning Scheme, which specifies that building design shall ensure that music noise from the Docklands Stadium will not exceed 45 dB(A) when measured indoors (with the window closed) at any noise sensitive area. The variation requires that similar planning scheme requirements and other mechanisms impose the same standards for any other outdoor venue. The Melbourne Planning Scheme requires that noise attenuation measures be addressed at the design stage of new or refurbished dwellings. The Scheme provisions read as follows: 223-1.1...These measures must achieve a maximum noise level of 45 dB(A) in habitable rooms with windows closed when music noise is emitted from the Major Sports and Recreation Facility in the Melbourne Docklands Area, to the satisfaction of the responsible authority

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The new clauses are designed to “call up” and apply the requirements of the Melbourne Planning Scheme, the Planning and Environment Act 1987 and the Docklands Authority Act 1991 within the context of the SEPP. This is appropriate since these instruments set the standards (or provide direct approval controls) by which the protection of dwellings and other sensitive uses within the Scheduled Area will be achieved. Docklands Authority advised EPA that design source noise data will be supplied to developers by the Stadium operator via the Docklands Authority. It is the responsibility of precinct developers to build dwellings to the minimum standard of 45 dB(A) and to the specification of the planning scheme for known outdoor venues. It is also prudent for precinct developers to keep in mind the flexible nature of the Docklands Redevelopment and the potential for new outdoor venues to be proposed.

Purpose of the clause 29C This clause establishes a responsibility for outdoor concert venue occupiers within the Docklands Area to minimise noise emissions in accordance with an approved noise and operations management plan.

The effect of the clause 29C The operators of outdoor concert venues are required to operate within a noise and operations management plan approved by EPA. This clause is designed to ensure that the operators take all practicable steps to minimise noise emissions. In this way the SEPP aims to restrict noise at source rather than relying solely on attenuation measures required under the Melbourne Planning Scheme to safeguard amenity in noise sensitive areas. For example, a noise and operations management plan may include, among others requirements, measures to limit the propagation of noise, measures to restrict the directions in which noise can be emitted, controls on the siting and use of speakers, parameters for monitoring sites and frequency of monitoring, positions from which noise levels will be determined, etc. Noise and operations management plans will therefore complement residential design criteria and should ensure that outdoor venues are operated in such a way that noise is minimised. Relevant organisations such as Docklands Authority, the Stadium Developer and the City of Melbourne will be involved in the development of the Noise and Operations Management Plan. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

VARIATION CLAUSE 3 – INSERTS A DEFINITION OF ‘MELBOURNE DOCKLANDS AREA’ In clause 35 after the definition of “Measurement Point” insert: ‘“Melbourne Docklands Area” means the Melbourne Docklands Area as defined in the Melbourne Planning Scheme.’.

Purpose of the clause The policy variation makes reference to “music noise from any outdoor venue within the Melbourne Docklands Area”. There is currently no definition of Melbourne Docklands Area in SEPP N-2, so a definition is required to specify this area.

Effect of the clause The Melbourne Docklands Area is defined in SEPP N-2 as that area defined in the Melbourne Planning Scheme, as at the Gazettal date of this policy variation.

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VARIATION CLAUSE 4 – INSERTS A DEFINITION OF ‘SCHEDULED AREA’ In clause 35 after the definition of “S” insert: ‘“Scheduled Area” means the area defined in schedule C.

Purpose of the clause The term “Scheduled Area” needs to be defined to establish the area affected by the policy variation. This definition refers to schedule C of the variation, which includes text and a map setting out the affected area in detail.

Effect of the clause The Melbourne Docklands Area and the Noise Attenuation Area as defined in the Melbourne Planning Scheme, as of the Gazettal date of this policy variation, will be defined in SEPP N-2 as the area to which the amended provisions apply. A plan of the Scheduled Area is included in clause 6 of the policy variation and is reproduced as Figure 1 of this PIA. Stadium Operations Limited has advocated enlarging the Scheduled Area. This would effectively shift the boundary of where the existing provisions of SEPP N-2 would ‘kick in’. This would move the point where EPA measured the noise further from the Stadium thereby allowing higher noise levels at the Stadium. This would significantly reduce the outdoor amenity of people close to the Stadium. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

VARIATION CLAUSE 5 – CLARIFIES THE DEFINITION OF ‘OUTDOOR VENUE’ In clause 35 in the definition of “Outdoor venue” after “air” insert: “ and includes a major sports and recreation facility within the Scheduled Area having substantial provision for spectators and which cannot feasibly be totally enclosed and sound-proofed because of its size.”.

Purpose of the clause This amendment elaborates the existing definition of an outdoor venue so that there is no confusion about what is an outdoor venue and what is an indoor venue.

Effect of the clause The variation ensures that the Docklands Stadium and similar venues are defined as outdoor venues. Although the stadium will be fitted with a moveable roof, it will be naturally ventilated and, even with the roof closed, there will be substantial openings through which noise will be able to escape. As such, the stadium and buildings of similar design have the attributes of an outdoor venue and cannot be defined as an indoor venue.

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VARIATION CLAUSE 6 – PROVIDES THE DEFINITION OF THE SCHEDULED AREA After Schedule B insert: DEFINTION OF SCHEDULED AREA “Scheduled Area” is that piece of land being: (a) the Melbourne Docklands Area as identified in the Melbourne Planning Scheme as amended; and (b) the Noise Attenuation Area marked as “NA” on the Melbourne Planning Scheme maps at the date of insertion of this schedule. The Scheduled Area is shown in figure C-1 Figure C-1 Scheduled Area (Figure not reproduced – see Figure 1).

Purpose of the clause Variation clause 4 defines the term “Scheduled Area” to establish the area affected by the policy variation. The definition refers to Schedule C of the variation, above. The clause provides both a description in words and a map, to ensure that the Scheduled Area is clearly defined.

Effect of the clause The Melbourne Docklands Area and the Noise Attenuation Area as defined in the Melbourne Planning Scheme, as of the Gazettal date of this policy variation, is defined in SEPP N-2 as the area to which the amended provisions apply. Clause 6 of the policy variation also includes a plan of the Scheduled Area. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

OTHER ISSUES AND CONSULTATION Significant consultation was undertaken about the number of “concerts” allowed by SEPP N-2 and this issue was mentioned in several submissions. At present the policy provisions allow six concerts to be hosted at any outdoor concert in a financial year. There is provision for extra concerts on a performance basis. It was put to EPA that the current restrictions were too restrictive for the following reasons: · commercial viability · benefits to the State · resident’s expectations of city living and their awareness and acceptance of the functions of the Stadium; and · existing and proposed measures to protect residents from unwanted music noise Docklands Authority, Stadium Operations Limited and Tourism Victoria submitted that the Docklands Stadium should be permitted up to 15 as-of-right “concerts”. In contrast, one precinct developer raised concerns that while the current maximum allowed (six) was satisfactory, increasing the number of concerts would increase the “potential annoyance” for residents. EPA discussed this issue with both Docklands Authority and Stadium Operations Limited. SEPP N-2 provides allowances for later than normal operations and also for extra concerts (above the six per year) at outdoor venues. Where concerts are of a special nature such as charitable events or of special significance (possibly New Year’s Eve functions) then later operations of outdoor concerts can occur. If a particular outdoor venue desires to have more than six concerts in a particular year then an application can be made to EPA and this is considered based on past performance including noise levels, complaints and also the local council’s views on the matter. In the case of Docklands Stadium, which does not have a history of performance, the provisions still allow a decision to be made on extra concerts provided clauses 30, 31 and 34 of the policy are met. Good noise management performance can also be demonstrated using a range of instruments such as environmental management plans, under the existing statutory framework. The requirement for the Stadium operator to prepare an EPA approved noise and operations management plan will ensure that the Stadium operator institutes measures to abate noise at the source or minimise the effect of the noise. For example, the siting of speakers so that noise is emitted in a particular direction can reduce the impact. A comprehensive noise and operations management plan will assist in demonstrating good environmental performance and help justify extra concerts.

EPA is also mindful of issues relating to retaining a fair and level ‘playing field’ for all outdoor venues in the State. To allow the Stadium up to 15 “as of right” concerts would effectively grant the operators an unfair commercial advantage over competitors.

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4. SUMMARY OF POLICY IMPACTS The Docklands development integrates a range of land uses in a relatively small area. A major stadium, a wide variety of commercial premises and residential dwellings will be located in close proximity. To optimise the potential of this large scale development and to protect amenity throughout the area, the Melbourne Planning Scheme was amended last year. The amended scheme now includes provisions which specifically address potential conflicts between the development of the new Docklands Stadium and sensitive land uses elsewhere in Docklands and in adjoining areas. These provisions aim in particular to minimise the impacts on residents of music noise from concerts at the stadium while maximising the public benefits arising from the establishment of a major world class entertainment venue in the heart of Melbourne. The variation to SEPP N-2 described in the preceding sections complements the provisions of the amended planning scheme, striking a balance between the public benefits of the Melbourne Docklands development and protection of the beneficial uses of sensitive areas from music noise. Existing residents in the Noise Attenuation section of the Scheduled Area may be affected by music noise from concerts at the Docklands Stadium or from other outdoor venues which might in future be established in Docklands. (The closest dwellings are about 450-500 metres from the Docklands Stadium.) While new dwellings or existing dwellings refurbished after the date of Amendment L262 to the Melbourne Planning Scheme will be required to employ special noise attenuation measures, existing dwellings will not be required to implement the new standards. However, a number of factors can be expected to mitigate the exposure of existing residents in the Scheduled Area to music noise. These include: · the requirement for the operator of any outdoor venue in the Docklands Area to implement an EPA approved noise and operations management plan to minimise emissions of noise · the requirement for the operator to comply with maximum noise limits set in SEPP N-2 at noise sensitive areas outside the Scheduled Area · policy provisions limiting the number of concerts which can be held in any financial year will apply to outdoor venues in the Docklands Area in the same manner as to other outdoor venues · orientation: many residents live in dwellings which face away from the proposed stadium or which will be shielded by other buildings from music noise from the Docklands Area · the effect of future construction: new buildings within Docklands may have the effect of interrupting the path of music noise, thereby reducing noise levels at nearby residences · weather conditions: wind direction can have a marked effect on noise levels. The variation to SEPP N-2 establishes a comprehensive control regime which would apply to any outdoor concert venues within the Melbourne Docklands Area and be based on application of attenuation measures at noise sensitive areas and on minimisation of noise emissions at source. The only outdoor venue planned is the Docklands Stadium. However, depending on the nature of future developments, other outdoor venues could be constructed or premises used as outdoor venues. The potential impacts of such venues cannot be estimated as they would be dependent on location, size, orientation and on the specific planning or licensing limitations that might be applied. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

Impacts of the Variation Benefits Cost A comprehensive framework of complementary Marginal increase in cost-per-dwelling for sound- environmental and planning requirements that will proofing to comply with Melbourne Planning Scheme allow for the appropriate development of the mixed requirements for noise attenuation. Increase will be and varied uses of the Docklands Area. small relative to total building costs. For example, the additional cost of sound insulating apartments within In particular, the variation will ensure that venues can 100-500 metres of the centre point of the Stadium to operate as outdoor music venues with appropriate achieve internal noise levels of 45 dB(A) may add up controls. If SEPP N-2 is not varied to reflect changes to 1% to the cost. This figure would be reduced if an to the Melbourne Planning Scheme, it is unlikely that apartment already included noise attenuation any outdoor venues in the Docklands Area could be measures, which is often the case with apartments in used as music venues. This would detract or close to the Central Business District. significantly from the overall benefit of the Docklands development to the Victorian community. No change in the form of protection afforded to noise sensitive areas outside the Scheduled Area.

Built-in noise attenuation (such as double glazed Likelihood of elevated outdoor noise levels within windows) will reduce noise from outdoor concerts parts of the Scheduled Area during concerts. held at the Stadium, to a maximum of 45 dB(A) However, actual music noise levels will depend on indoors – lower than current SEPP requirements. several factors, such as: distance from source, Concerts held in hot weather may be a problem if intervening buildings and meteorological conditions. residents negate the effect of sound-proofing by Similarly, within the Noise Attenuation part of the opening windows or doors; mandatory ducted air- Scheduled Area, levels of indoor noise at existing conditioning, required in some areas by the planning dwellings due to concerts in Docklands may be scheme, will ensure that indoor amenity can be elevated, depending on building construction, distance maintained during hot weather. from the emitter and other variables. However, the policy variation will require outdoor venue operators to minimise noise emissions at source.

Indoor music noise levels in new residential developments or refurbished residential buildings will be below the existing SEPP maximum 100% of the time (with the implementation of noise attenuation standards set out in the revised planning scheme ).

Sound proofing of residential and other noise sensitive buildings will result in noise attenuation benefits from day-to-day or “background noise” (eg traffic).

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Current SEPP N2 requirements Effect on Scheduled Area General requirement: No operations later than 11:00 pm. No change

No limit on the number of concerts under 55 dB(A). No change

Maximum of 6 concerts at any outdoor venue in any No change financial year unless permission for additional concerts is granted by EPA in accordance with clauses 30-34 of the Policy.

SEPP noise limits as measured at a noise sensitive area: No limit set for noise measured outdoors within Scheduled Area. Upper limit effectively determined 65 dB(A) measured outdoors or 55 dB(A) if by the need to meet N2 requirements at the nearest measured indoors with windows open “noise sensitive area” outside the Scheduled Area. Melbourne Planning Scheme design requirements for new or refurbished residential or noise sensitive uses set indoor noise levels with the windows closed in the Scheduled Area of 45 dB(A) for all music concerts. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

APPENDIX 1: SUMMARY OF THE REQUIREMENTS OF SEPP N-2

NOISE REQUIREMENTS UNDER THE CURRENT SEPP N-2 SEPP N-2 sets noise limits for both indoor venues (hotels, nightclubs etc) and outdoor venues (generally large open-air venues). The provisions of SEPP N-2 protect “noise sensitive areas” (generally nearby residents) from noise. The provisions are not intended to protect the hearing of people attending music venues. Indoor venues have stringent noise criteria set to protect the normal domestic amenity of neighbours and to protect sleep at night. Outdoor venues are allowed to produce a fairly high noise level (65 dB(A)) measured outdoors at a residential premises (or 55 dB(A) when measured indoors). This protects “normal conversation” as the beneficial use- that is, people should be able to conduct a normal conversation outside on their property without undue disruption. SEPP N-2 does not protect normal amenity (such as reading or relaxing etc) during an outdoor concert. To balance the loud nature of outdoor concerts and their intrusion on normal domestic activities, only six concerts per year are permitted. If venue operations are quieter (less than 55 dB(A) outdoors at dwellings where the noise is measured) then any number of operations may occur. Generally, there is a limited demand for large outdoor concerts and even those outdoor venues able to hold more than six music events per year (because they meet the 55 dB(A) criterion) do not intrude upon sensitive areas frequently. SEPP N-2 protects the sleep of residents by limiting outdoor venue operations to no later than 11 pm (or 10 pm if the concert runs for more than 5 hours). The aim of SEPP N-2 is to protect residents from noise but at the same time recognise that there is a significant community demand for musical entertainment. Accordingly, SEPP N-2 provides allowances for later than normal operations and also for extra concerts (above the six per year) at outdoor venues. Where concerts are of a special nature such as charitable events or of special significance (possibly New Year’s Eve functions) then later operations of outdoor concerts can occur. If a particular outdoor venue desires to have more than six concerts in a particular year then an application can be made to EPA and this is considered based on past performance including noise levels, complaints and also the local council’s views on the matter. Noise is assessed at “Noise Sensitive Areas”, which are defined in SEPP N-2 as that part of the land that is within a distance of 10 metres outside the external walls of a Dwelling or Residential Building.

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APPENDIX 2: OTHER LEGISLATION CONTROLLING NOISE IN VICTORIA In addition to SEPP N-2, noise in Victoria is controlled by a range of other legislative requirements. For example: · Section 48A of the Environment Protection Act 1970 in conjunction with the Environment Protection (Residential Noise) Regulations 1997 protect people from noise emitted from residential premises · the Environment Protection (Vehicle Emissions) Regulations 1992 protect people from excessive noise from motor vehicles · SEPP N1, Noise from Commence Industry and Trade protects people from excessive noise from factories and commercial premises · section 48AB of the Environment Protection Act 1970 allows Police to control and abate noise from poorly controlled music venues · The Health Act 1958 also allows for the enforcement of noise nuisance by local councils. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

APPENDIX 3: OVERVIEW OF PLANNING CONTROL FOR THE SCHEDULED AREA The following is an extract from the relevant sections of the Melbourne Planning Scheme. These provisions define the areas where special noise abatement must be undertaken and the extent of that noise abatement. There are separate but similar provisions for the Noise Attenuation Area (clause 223) and the Melbourne Docklands Area (clause 428).

MELBOURNE PLANNING SCHEME – LOCAL SECTION PART 2

223 Noise Attenuation Area

Marked: NA Purpose · To ensure that new or refurbished development for new residential and other noise sensitive uses constructed in the vicinity of the Docklands Major Sports and Recreation Facility include appropriate acoustic measures to attenuate external noise levels, in particular music noise, audible within the buildings. · To ensure that land use and development in the vicinity of the Docklands Major Sports and Recreation Facility is compatible with the operation of a Major Sports and Recreation Facility. 223-1 Development requirements 223-1.1 Any new or refurbished development within the area bounded by Spencer Street, Collins Street, King Street and Jeffcott Street that will accommodate new residential or other noise sensitive uses must be designed and constructed to include noise attenuation measures. These measures must achieve a maximum noise level of 45 dB(A) in habitable rooms with windows closed when music noise is emitted from the Major Sports and Recreation Facility in the Melbourne Docklands area, to the satisfaction of the responsible authority. 223-1.2 External glazing and doors and the air conditioning or ventilation system in all new residential and other noise sensitive use developments must be designed by a recognised acoustic consultant to the satisfaction of the responsible authority. 223-1.3 Any conversion of part or all of an existing building to include a new residential use or other noise sensitive use must comply with this clause. 223-1.4 For the purposes of this clause noise sensitive uses are those which have an element of residential accommodation and include: · Caretaker’s house; · Dwelling; · Group accommodation; · Hospital; · Hotel; · Institutional home; · Motel; · Reformative institution; · Residential building; · Retirement village; · Serviced apartment; · Tourist establishment;

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· Work release hostel.

MELBOURNE PLANNING SCHEME – LOCAL SECTION PART 4

428 Noise Attenuation Requirements Purpose · To ensure that new or refurbished development for residential and other noise sensitive uses constructed in the Docklands area include appropriate acoustic measures to attenuate external noise levels, in particular music noise, audible within the buildings. · To ensure that land use and development within the Docklands area is compatible with the operation of the Major Sports and Recreation Facility. 428-1 Development requirements 428-1.1 Any new or refurbished development within the Melbourne Docklands area that will accommodate residential or other noise sensitive uses must be designed and constructed to include noise attenuation measures. These measures must achieve a maximum noise level of 45 dB(A) in habitable rooms with windows closed when music noise is emitted from the Major Sports and Recreation Facility in the Docklands Stadium Precinct, to the satisfaction of the responsible authority. 428-1.2 Any new or refurbished development within the Melbourne Docklands area that will accommodate residential or other noise sensitive uses and is within 400 metres of the centre point of the Major Sports and Recreation Facility must be fitted with ducted air conditioning. 428-1.3 External glazing and doors and the air conditioning or ventilation system in all new or refurbished residential and other noise sensitive use developments must be designed by a recognised acoustic consultant to the satisfaction of the responsible authority. 428-1.4 Any conversion of part or all of an existing building to include a residential use or other noise sensitive use must comply with this clause. Policy Impact Assessment Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2

APPENDIX 4: VARIATION OF THE STATE ENVIRONMENT PROTECTION POLICY (CONTROL OF MUSIC NOISE FROM PUBLIC PREMISES) NO. N-2

ENVIRONMENT PROTECTION ACT 1970

Variation of the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2. The Governor in Council under section 16(2) of the Environment Protection Act 1970 and on the recommendation of the Environment Protection Authority hereby varies with effect on and from the date of this Order the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 as follows:- 1. In clause 17 add the following sentence: “This limit does not apply at any noise sensitive area within the Scheduled Area to music noise from any outdoor venue within the Melbourne Docklands Area.”. 2. After Clause 29 in Part IV – ATTAINMENT PROGRAM, insert: “Noise Sensitive Areas within the Scheduled Area 29A. For the Scheduled Area- (a) noise control works to attenuate noise entering habitable rooms within noise sensitive areas affected by outdoor venues inside the Melbourne Docklands Area must achieve a minimum standard of 45 dB(A);

(b) the standard is assessed as an LAeq, 15 minutes inside habitable rooms with windows and external doors closed. 29B. The standard established in clause 29A will be implemented by- (a) approval and regulatory mechanisms contained within: (i) the Docklands Authority Act 1991; and (ii) the Planning and Environment Act 1987 including the application of development requirements specified in the Melbourne Planning Scheme where applicable. (b) progressive implementation of good building design and appropriate soundproofing as existing premises are refurbished. 29C. The occupier of an outdoor venue within the Melbourne Docklands Area must minimise noise emissions by implementing an appropriate noise and operations management plan which has been approved by the Authority.”. 3. In clause 35 after the definition of “Measurement Point” insert: ‘ “Melbourne Docklands Area” means the Melbourne Docklands Area as defined in the Melbourne Planning Scheme.’. 4. In clause 35 after the definition of “S” insert: ‘ “Scheduled Area” means the area defined in schedule C.’. 5. In clause 35 in the definition of “Outdoor venue” after “air” insert: “ and includes a major sports and recreation facility within the Scheduled Area having substantial provision for spectators and which cannot feasibly be totally enclosed and sound-proofed because of its size.”.

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6. After Schedule B insert:

“SCHEDULE C

DEFINITION OF SCHEDULED AREA “Scheduled Area” is that piece of land being: (a) the Melbourne Docklands Area as identified in the Melbourne Planning Scheme as amended; and (b) the Noise Attenuation Area marked as “NA” on the Melbourne Planning Scheme maps at the date of insertion of this schedule. The Scheduled Area is shown in figure C-1.

”

Figure C-1 Scheduled Area

Dated 1998 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management