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Moonee Valley Planning Scheme Amendment C149 Significant Trees Moonee Valley Planning Scheme Amendment C149 Panel Report 14 July 2015 Planning and Environment Act 1987 Panel Report Moonee Valley Planning Scheme Amendment C149 Significant Trees 14 July 2015 Page 1 of 28 Planning and Environment Act 1987 Panel Report pursuant to Section 25 of the Act Moonee Valley Planning Scheme Amendment C149 Significant Trees 14 July 2015 Mandy Elliott, Chair Moonee Valley Planning Scheme Amendment C149 Panel Report 14 July 2015 Contents Page Executive Summary ............................................................................................................. 1 1 Introduction ................................................................................................................... 2 1.1 The subject land and surrounds .............................................................................. 2 1.2 Background to the proposal .................................................................................... 3 1.3 Issues dealt with in this report ................................................................................ 4 2 Planning context ............................................................................................................ 5 2.1 Policy framework ..................................................................................................... 5 2.2 Planning scheme provisions .................................................................................... 5 2.3 Ministerial Directions and Practice Notes ............................................................... 6 2.4 Discussion and Conclusions ..................................................................................... 6 3 How are significant trees identified? .............................................................................. 7 3.1 The issue .................................................................................................................. 7 3.2 Evidence and submissions ....................................................................................... 7 3.3 Discussion and Conclusions ..................................................................................... 9 4 Tree Protection Zone .................................................................................................... 11 4.1 The issue ................................................................................................................ 11 4.2 Evidence and submissions ..................................................................................... 11 4.3 Discussion and Conclusions ................................................................................... 12 4.4 Recommendations ................................................................................................. 12 5 Impact on development opportunities ......................................................................... 13 5.1 The issue ................................................................................................................ 13 5.2 Evidence and submissions ..................................................................................... 13 5.3 Discussion and Conclusions ................................................................................... 14 6 Maintenance of nominated trees ................................................................................. 15 6.1 The issue ................................................................................................................ 15 6.2 Evidence and submissions ..................................................................................... 15 6.3 Discussion and Conclusions ................................................................................... 17 7 Site specific issues ........................................................................................................ 18 7.1 The issues ............................................................................................................... 18 7.2 Recommendations ................................................................................................. 19 8 The Form of the Amendment and Planning Provisions ................................................. 20 8.1 The issue ................................................................................................................ 20 8.2 Evidence and submissions ..................................................................................... 20 8.3 Discussion and Conclusions ................................................................................... 20 8.4 Recommendations ................................................................................................. 21 Appendix A List of Submitters Appendix B Post Exhibition Changes submitted by Council Moonee Valley Planning Scheme Amendment C149 Panel Report 14 July 2015 List of Figures Page Figure 1 28 Newsom Street, Ascot Vale (T204) ................................................................... 11 Figure 2 20 Grace Street, Moonee Ponds (T205) ................................................................ 14 List of Abbreviations DELWP Department of Environment, Land, Water and Planning DTPLI Department of Transport, Planning and Local Infrastructure (former) ESO Environmental Significance Overlay LPPF Local Planning Policy Framework MSS Municipal Strategic Statement MVCC Moonee Valley City Council MVSTRR Moonee Valley Significant Tree Register Review 2014 ROW Right of Way SPPF State Planning Policy Framework TPZ Tree Protection Zone VPP Victoria Planning Provisions Moonee Valley Planning Scheme Amendment C149 Panel Report 14 July 2015 Overview Amendment Summary The Amendment Moonee Valley Planning Scheme Amendment C149 Common Name Significant Trees Subject Site The Amendment applies to a number of properties identified in the Moonee Valley Significant Tree Register Review 2014. The Proponent Moonee Valley City Council Planning Authority Moonee Valley City Council Authorisation Council received an email from the DELWP on 3 February 2015 indicating that it may prepare Amendment C149 without authorisation after 10 February 2015 Exhibition Council exhibited Amendment C149 from 12 March until 17 April 2015 Submissions There were 17 submissions. One submission (number 2) was withdrawn prior to the Hearing Panel Process The Panel Mandy Elliott, Chair Directions Hearing Moonee Valley City Council Civic Centre, 18 May 2015 Panel Hearing The Clocktower Centre, Moonee Ponds, 16 June 2015 Site Inspections Unaccompanied, 18 May and 16 June 2015 Appearances Moonee Valley City Council (MVCC) represented by Ms Bridget Maplestone, Principal Planner MVCC. The MVCC called expert evidence from Ms Emma Barrett from Homewood Consulting (Arborist). National Trust of Australia (Vic) represented by Ms Anna Foley of the National Trust. Mr Alberto Dimaggio. Date of this Report 14 July 2015 Moonee Valley Planning Scheme Amendment C149 Panel Report 14 July 2015 Executive Summary Moonee Valley Planning Scheme Amendment C149 – Significant Trees was prepared by the Moonee Valley City Council as Planning Authority. As exhibited, the Amendment proposes to: Amend Clause 21.03 (Sustainable Environment) of the Moonee Valley Planning Scheme to refer to the Moonee Valley Significant Tree Register Review 2014. Amend Schedule 2 to Clause 42.01 (Environmental Significance Overlay) of the Moonee Valley Planning Scheme to include the additional trees as identified in the Moonee Valley Significant Tree Register Review 2014. Amend Tree Reference No T113 and Planning Scheme Map 15ESO to refer to six instead of 13 trees at 25 Wingate Avenue, Ascot Vale (Ascot Vale Housing Estate). Delete the Environmental Significance Overlay from: 33 Brewster Street, Essendon (Tree Reference No T13) 49 Churchill Avenue, Ascot Vale (Tree Reference No T84) 5 Newhall Avenue, Moonee Ponds (Tree Reference No T138) Insert new planning maps 5ESO, 6ESO, 8ESO, 11ESO, 12ESO, 14ESO, 15ESO, and 16ESO. Following exhibition, Council proposed two changes to the Amendment: No longer proceed with inclusion of Tree Reference No T209 at 3 Neal Street, Keilor East as this tree has since been removed. Minor changes to the Amendment documentation following gazettal of Amendment C134 (Planning Scheme Review) on 5 March 2015, including updating the Moonee Valley Significant Tree Register Review 2014 as a reference document in Clause 21.04 not Clause 21.03. The Amendment applies to trees within the municipality that have been assessed as being significant and have been included in the Significant Tree Register and seeks to implement the Moonee Valley Significant Tree Register Review 2014. (i) Recommendations Based on the reasons set out in this Report, the Panel recommends: 1. Adopt Amendment C149 to the Moonee Valley Planning Scheme, as exhibited subject to the following modifications: a) Amend Clause 21.03 (now 21.04) Sustainable Environment to refer to the Moonee Valley City Council Significant Tree Register Review 2014. b) Amend Tree Reference No T113 and Planning Scheme Maps 15ESO to refer to 6 instead of 13 trees at 25 Wingate Avenue, Ascot Vale (Ascot Vale Housing Estate). c) Adopt the post exhibition changes to the Amendment documentation to reflect the removal of Tree Reference No T209 at 3 Neal Street, East Keilor. Page 1 of 28 Moonee Valley Planning Scheme Amendment C149 Panel Report 14 July 2015 1 Introduction Moonee Valley Planning Scheme Amendment C149 – Significant Trees (the Amendment) was prepared by the Moonee Valley City Council
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