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Application of the Residential 3 Zone and Mandatory Height Controls to Residential Areas

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Application of the Residential 3 Zone and Mandatory Height Controls to Residential Areas Page 1 of 24 PLANNING AND ENVIRONMENT Agenda Item 5.3 COMMITTEE REPORT 3 May 2005 APPLICATION OF THE RESIDENTIAL 3 ZONE AND MANDATORY HEIGHT CONTROLS TO RESIDENTIAL AREAS Division Sustainability & Innovation Presenter Con Livanos, Acting Principal Officer Development Planning Purpose 1. For the Committee to consider the State Government’s recent proposal to introduce a new Residential Zone that includes mandatory height controls over residential areas. Recommendation 2. That the Planning and Environment Committee: 2.1. not pursue the 9 metre mandatory height limit as provided for in the Residential 3 Zone, and; 2.2. write to the Minister for Planning requesting that a further Residential Zone option be prepared, with a mandatory 12 metre height limit, to account for the prevailing conditions in the inner city. Key Issues and Conclusion 3. The State Government has recently introduced a new Residential 3 Zone into the suite of zones available for Councils to use in their Planning Scheme. It has been introduced as part of the State Government’s commitment to Melbourne 2030. The aim is to help further protect Melbourne's suburbs and ensure Melbourne 2030's objective of protecting neighbourhood character is met. 4. The Residential 3 Zone replicates the existing Residential 1 Zone with the exception that it includes provisions that limit building height in the Zone to a maximum of 9 metres, or 10 metres on sloping sites or a maximum of 3 storeys (see Attachment 1). The proposed controls would prohibit residential building heights over 9 metres. Only areas in the Residential 1 and 2 Zone may be translated into the Residential 3 Zone. The proposed height controls would only apply to dwellings and residential buildings and not to non-residential buildings. (Further detail on how the Residential 3 Zone works is provided in the “Background” section of this report.) 5. The Minister has made an offer to all Councils to fast track the introduction of the zone via a Ministerial Amendment. This will occur where a Council can define and strategically justify the inclusion of those residential areas that require the application of a 9 metre height limit. Community consultation is also required before a request is made to the Minister (see Attachment 2). 6. In deciding whether to apply the Residential 3 Zone to the City of Melbourne’s Residential 1 and 2 areas, the impacts of the mandatory height controls have been explored. The following provides a summary of the key issues that were considered. (These issues are further explored under the “Comments” section of this report). Page 2 of 24 7. This report discusses: 7.1. the benefits of and issues with mandatory versus discretionary height limits; 7.2. the degree to which the City of Melbourne’s planning policy expresses the expected height and scale of development in established residential areas; 7.3. the number of planning applications received for buildings over 9 metres in the Residential 1 areas; 7.4. the potential impacts of height controls on heritage policies in the Planning Scheme; and 7.5. whether the proposed height controls provide opportunities for alterations or additions over 9 metres or the replacement of buildings which already exceed the mandatory control. 8. This report also explores whether the Residential 1 and 2 Zones are appropriate for inclusion in the Residential 3 Zone. 9. The findings of this report are that it is considered that the controls and policy already in place provide planners, residents, developers and the Victorian Civil and Administrative Tribunal (VCAT) with a high degree of certainty about what form of development is suitable for the residential areas in the City of Melbourne. 10. There is a high level of protection for neighbourhood, heritage and amenity impacts within the current planning controls and planning policy. The few applications that are received for building heights over 9 metres in the Residential 1 Zone are dealt with on a case by case basis. 11. Given the high proportion of buildings in residential zones in the City of Melbourne which already exceed 9m and the inflexibility of the mandatory controls and potential conflicts with heritage outcomes at this stage, the present level of protection is considered adequate and there is no need or urgency for the City of Melbourne to apply a mandatory 9m height limit. 12. As an alternative, Council should request the Minister to consider making the mandatory height limit 12 metres. This height limit now exists for the South Yarra residential area and all heritage buildings in Residential 1 Zone would be below that limit. Comments Benefits of the height controls in re sidential areas Creating certainty 13. Mandatory height controls will provide clarity and certainty for investors, the community and Council about residential buildings heights. (The issue of mandatory versus discretionary height controls is further discussed in Paragraph 41.) Reinforcing Melbourne’s planning policy 14. The State Government has reinforced ResCode to ensure that Melbourne 2030’s objective of protecting neighbourhood character is met. The proposed height controls will assist in limiting development in sensitive residential areas while at the same time promoting housing in other locations close to shops and public transport. 2 Page 3 of 24 15. This approach is supported by the City of Melbourne Local Planning Policy Framework. Council’s adopted Municipal Strategic Sta tement (part of Melbourne Planning Scheme Amendment C60) identifies areas where residential development is encouraged, for example, significant population growth in the Central City, Docklands and parts of Southbank. Other areas such as St Kilda Road, other parts of Southbank, Carlton, North and West Melbourne will accommodate residential growth to varying degrees. It also identifies stable areas where little growth is envisaged. These are the Residential 1 zoned areas of South Yarra, Parkville, Carlton, East Melbourne and Jolimont and other parts of North and West Melbourne. (Further strategic direction in the Municipal Strategic Statement is discussed in Paragraph 23.) 16. The proposed height control would support the strategic intent for the Residential 1 Zoned areas. It would provide a numerical value that would further reinforce these areas as stable low rise areas where minimal residential growth is envisaged. Buildings over four storeys 17. ResCode does not apply to a development of two or more dwellings which is 4 or more storeys in height (excluding a basement). This means that buildings of 4 storeys or more can be applied for in the Residential 1 Zone. Such proposals are not subject to the provisions of ResCode, however the Design Guidelines for Higher Density Residential Developments apply. The proposed mandatory 9 metre height limit would mean that a building of over 9 metres would be prohibited. Are the controls necessary in the City of Melbourne? Is there a problem? 18. Evidence from the 2003 and 2004 calendar years is that Council receives very few applications for buildings over 9 metres in the Residential 1 Zone. In the 2003 and 2004 calendar years, a total of 17 applications for such developments were lodged. These applications were spread throughout the City. 19. Of the 17 applications lodged in the 2003 and 2004 calendar years: 19.1. seven permits were granted; 19.2. five were refused; (Of these three went to VCAT, two of the decisions were upheld and one was overturned) 19.3. one was withdrawn; and 19.4. four applications have not yet been determined for a variety of reasons. 20. After reviewing the planning reports for these applications, it becomes clear that a combination of amenity impacts resulted in the refusals (for example, a combination of inappropriate building bulk on boundaries or at the rear of properties). Height alone was not a reason for refusal. 21. In other cases, buildings over 9 metres were approved. The building heights approved varied from just over 9 metres to 12 metres. (These buildings would be prohibited if new control was applied). The approvals of the higher building heights took into account building context (ie the existing heights of buildings in the street/neighbourhood), the height of the existing building itself, whether the height is graduated across and down a site and whether there were limited adverse amenity impacts such as overshadowing and overlooking. Protection through policy 22. The City of Melbourne has a detailed level of policy in the adopted Municipal Strategic Statement which clearly expresses the strategic intent for the City’s established residential areas. 3 Page 4 of 24 23. The adopted Municipal Strategic Statement provides a clear indication of the building scale and form that is expected in the established residential areas. Figure 5 – Housing Opportunities and Clause 21.04-1 Housing and Community clearly indicates that in the Residential 1 zoned areas of the city, residential development is restricted to sensitive infill. Figure 10 – Built Form Character and Clause 21.05-2 Structure and Character identifies Residential 1 areas as areas where existing built form character should be maintained (see Attachment 3). The scale, massing and bulk of new developments should respect the scale and form of nearby buildings. 24. Clause 21.08 – Local areas, provides policy guidance specific to each of the local areas. In each local area, a number of statements have been included relating to the scale and form of development in the Residential 1 areas. 25. For example, for Carlton’s Residential 1 zoned areas it is policy to: “Support limited residential development which maintains the low scale nature of heritage streetscapes and buildings in areas [1] and [2] in Figure 18.” (1.1) 26. It is also policy to: “Maintain the predominately low scale and ensure sympathetic infill redevelopment and extensions that complement the scale, character of the areas around Carlton Gardens, Lygon Street and residential areas included in the Heritage Overlay.” (1.43) 27.
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