Planning and Environment Act 1987 ALPINE, ALPINE RESORTS, ARARAT, , BANYULE, BASS COAST, BAW BAW, BAYSIDE, BENALLA, BOROONDARA, BRIMBANK, BULOKE, CAMPASPE, CARDINIA, CASEY, CENTRAL GOLDFIELDS, COLAC OTWAY, CORANGAMITE, DAREBIN, EAST , FRANKSTON, & SANDSTONE ISLAND, GANNAWARRA, GLEN EIRA, GLENELG, GOLDEN PLAINS, GREATER , GREATER DANDENONG, GREATER , GREATER , HEPBURN, HINDMARSH, HOBSONS BAY, HORSHAM, , INDIGO, KINGSTON, KNOX, LATROBE, LODDON, MACEDON RANGES, MANNINGHAM, MANSFIELD, MARIBYRNONG, MAROONDAH, , MELTON, , MITCHELL, MOIRA, MONASH, MOONEE VALLEY, MOORABOOL, MORELAND, MORNINGTON PENINSULA, MOUNT ALEXANDER, MOYNE, MURRINDINDI, NILLUMBIK, NORTHERN GRAMPIANS, PORT OF MELBOURNE, , PYRENEES, QUEENSCLIFFE, SOUTH GIPPSLAND, SOUTHERN GRAMPIANS, STONNINGTON, STRATHBOGIE, SURF COAST, , TOWONG, , , WELLINGTON, WEST WIMMERA, WHITEHORSE, WHITTLESEA, , WYNDHAM, YARRA, YARRA RANGES AND YARRIAMBIACK PLANNING SCHEMES AMENDMENT GC175

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Minister for Planning. The Minister for Planning is the planning authority for this amendment.

What the amendment does

The amendment updates the Schedules to Clause 53.06 to change the heading to Schedule to Clause 53.06 Live music entertainment venues and include an additional schedule section to Clause 53.06 enabling areas to be specified where Clause 53.06 applies to make the existing schedules consistent with the Ministerial Direction on the Form and Content of Planning Schemes. Strategic assessment of the amendment

Why is the amendment required?

In response to the live music industry being at risk of being permanently lost due to the impact of coronavirus (COVID-19) social distancing restrictions, Amendment VC183 was gazetted to recognise the social, economic and cultural benefits of live music and encourage, create and protect opportunities for the enjoyment of live music. Amendment VC183 came into effect 28 September 2020. The brief approving VC183 acknowledged a future GC amendment, GC175, that would implement the changes to all existing Schedules to Clause 53.06.

OFFICIAL-Sensitive Amendment GC175 is required to update all existing schedules to Clause 53.06 to change the heading to Schedule to Clause 53.06 Live music entertainment venues and include an additional schedule section to Clause 53.06 enabling areas to be specified where Clause 53.06 applies. The amendment implements the outcome of Amendment VC183 and associated updates to the Ministerial Direction on the Form and Content of Planning Schemes.

How does the amendment implement the objectives of planning in ?

The amendment implements the objectives in section 4 of the Planning and Environment Act 1987 (the Act).

The changes to the schedules to Clause 53.06 support objectives to:

 Provide for the fair, orderly, economic and sustainable use, and development of land; and

 Conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.

How does the amendment address any environmental, social and economic effects?

The amendment will generate positive environmental, social and economic effects.

The live music industry makes a significant contribution to Victoria’s social and cultural landscape. The amendment introduces the ability to consider that contribution and require measures to protect the viability of live music venues from noise sensitive residential uses on a precinct basis.

Does the amendment address relevant bushfire risk?

The amendment will not increase the risk of life, property, community infrastructure and the natural environment from bushfire.

Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The amendment complies with all Ministerial Directions issued under section 12 of the Act.

The amendment complies with the Ministerial Direction on the Form and Content of Planning Schemes issued under section 7(5) of the Act and makes consequential changes where required.

It also complies with Ministerial Direction 11 Strategic Assessment of Amendments.

How does the amendment support or implement the Planning Policy Framework and any adopted State policy?

The amendment supports Clause 13.07-3S (Live Music) to recognize the social, economic and cultural benefits of live music and encourage, create and protect opportunities for the enjoyment of live music.

Does the amendment make proper use of the Victoria Planning Provisions?

The amendment makes proper use of the Victoria Planning Provisions (VPP) through appropriate particular provision schedule updates.

How does the amendment address the views of any relevant agency?

OFFICIAL-Sensitive The amendment is unlikely to have a significant impact on any relevant agency.

Does the amendment address relevant requirements of the Transport Integration Act 2010?

The Transport Integration Act 2010 recognises that land-use and transport planning are interdependent. The amendment is unlikely to have a significant impact on the transport system.

Resource and administrative costs

This amendment will not have a significant impact on the resource use and administrative costs of responsible authorities.

The amendment does not add any additional planning permit triggers and simply enables the consideration of the social, economic and cultural benefits of live music. When planning permit applications for noise sensitive residential uses fall within precincts they may be required undertake an assessment of the impact of the proposal on the functioning of live music venues, however the delineation of precincts is yet to occur. Where precincts are identified the planning scheme will need to be amended and the amendment process will enable relevant planning issues to be considered.

Where you may inspect this amendment

The amendment can be inspected free of charge at:  Alpine website at https://www.alpineshire.vic.gov.au/  Alpine Resorts website at https://arcc.vic.gov.au/  Ararat website at https://www.ararat.vic.gov.au/  Ballarat website at https://www.ballarat.vic.gov.au/  Banyule website at https://www.banyule.vic.gov.au/Home  Bass Coast website at https://www.basscoast.vic.gov.au/  Baw Baw website at https://www.bawbawshire.vic.gov.au/Home  Bayside website at https://www.bayside.vic.gov.au/  Benalla website at https://www.benalla.vic.gov.au/Home  Boroondara website at https://www.boroondara.vic.gov.au/  Brimbank website at https://www.brimbank.vic.gov.au/  Buloke website at https://www.buloke.vic.gov.au/  Campaspe website at https://www.campaspe.vic.gov.au/Home  Cardinia website at https://www.cardinia.vic.gov.au/  Casey website at https://www.casey.vic.gov.au/  Central Goldfields website at https://www.centralgoldfields.vic.gov.au/Home  Colac Otway website at https://www.colacotway.vic.gov.au/Home  Corangamite website at https://www.corangamite.vic.gov.au/Home  Darebin website at http://www.darebin.vic.gov.au/  East Gippsland website at https://www.eastgippsland.vic.gov.au/Home  Frankston website at https://www.frankston.vic.gov.au/Home  French Island & Sandstone Island website at www.planning.vic.gov.au/public-inspection.

OFFICIAL-Sensitive  Gannawarra website at https://www.gannawarra.vic.gov.au/Home  Glen Eira website at https://www.gleneira.vic.gov.au/  Glenelg website at https://www.glenelg.vic.gov.au/page/HomePage.aspx  Golden Plains website at https://www.goldenplains.vic.gov.au/  Greater Bendigo website at https://www.bendigo.vic.gov.au/  Greater Dandenong website at https://www.greaterdandenong.vic.gov.au/  Greater Geelong website at https://www.geelongaustralia.com.au/  Greater Shepparton website at https://greatershepparton.com.au/  Hepburn website at https://www.hepburn.vic.gov.au/  Hindmarsh website at https://www.hindmarsh.vic.gov.au/  Hobsons Bay website at https://www.hobsonsbay.vic.gov.au/Home  Horsham website at https://www.hrcc.vic.gov.au/Home  Hume website at https://www.hume.vic.gov.au/Home  Indigo website at https://www.indigoshire.vic.gov.au/Home  Kingston website at https://www.kingston.vic.gov.au/Home  Knox website at https://www.knox.vic.gov.au/page/HomePage.aspx  Latrobe website at https://www.latrobe.vic.gov.au/  Loddon website at https://www.loddon.vic.gov.au/Home  Macedon Ranges website at https://www.mrsc.vic.gov.au/Home  Manningham website at https://www.manningham.vic.gov.au/  Mansfield website at https://www.mansfield.vic.gov.au/  Maribyrnong website at https://www.maribyrnong.vic.gov.au/Home  Maroondah website at https://www.maroondah.vic.gov.au/Home  Melbourne website at https://www.melbourne.vic.gov.au/Pages/home.aspx  Melton website at https://www.melton.vic.gov.au/Home  Mildura website at https://www.mildura.vic.gov.au/Mildura-Rural-City-Council  Mitchell website at https://www.mitchellshire.vic.gov.au/  Moira website at https://www.mitchellshire.vic.gov.au/  Monash website at https://www.monash.vic.gov.au/Home  Moonee Valley website at https://mvcc.vic.gov.au/  Moorabool website at https://www.moorabool.vic.gov.au/  Moreland website at https://www.moreland.vic.gov.au/  Mornington Peninsula website at https://www.mornpen.vic.gov.au/Home  Mount Alexander website at https://www.mountalexander.vic.gov.au/page/HomePage.aspx  Moyne website at https://www.moyne.vic.gov.au/Home  Murrindindi website at https://www.murrindindi.vic.gov.au/Home  Nillumbik website at https://www.nillumbik.vic.gov.au/Home  Northern Grampians website at https://www.ngshire.vic.gov.au/Home  Port of Melbourne website at www.planning.vic.gov.au/public-inspection.  Port Phillip website at https://www.portphillip.vic.gov.au/

OFFICIAL-Sensitive  Pyrenees website at https://www.pyrenees.vic.gov.au/Home  Queenscliffe website at https://www.queenscliffe.vic.gov.au/  South Gippsland website at https://www.southgippsland.vic.gov.au/  Southern Grampians website at https://www.sthgrampians.vic.gov.au/page/HomePage.aspx  Stonnington website at https://www.stonnington.vic.gov.au/Home  Strathbogie website at https://www.strathbogie.vic.gov.au/  Surf Coast website at https://www.surfcoast.vic.gov.au/Home  Swan Hill website at https://www.swanhill.vic.gov.au/  Towong website at https://www.towong.vic.gov.au/  Wangaratta website at https://www.wangaratta.vic.gov.au/  Warrnambool website at https://www.warrnambool.vic.gov.au/  Wellington website at https://www.wellington.vic.gov.au/  West Wimmera website at https://www.westwimmera.vic.gov.au/Home  Whitehorse website at https://www.whitehorse.vic.gov.au/  Whittlesea website at https://www.whittlesea.vic.gov.au/  Wodonga website at https://www.wodonga.vic.gov.au/  Wyndham website at https://www.wyndham.vic.gov.au/  Yarra website at https://www.yarracity.vic.gov.au/  Yarra Ranges website at https://www.yarraranges.vic.gov.au/Home  Yarriambiack website at https://yarriambiack.vic.gov.au/

The amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.planning.vic.gov.au/public-inspection.

OFFICIAL-Sensitive