Review Dations --- 'I
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Review dations --- 'I . I I. ! .. i VICCODE 2 REVIEW ·DECEMBER 1 994 5 December 1994 The Hon. R. Maclellan Minister for Planning 477 Collins Street MELBOURNE 3001 Dear Minister The Committee· appointed by you to review Vic Code 2 has now completed its· task and has pleasure in submitting its final report. As requested, it has inquired into the,operational arrangements, content, problems and benefits of the Code. In carrying out its work it has consulted with local government, members of the Administrative Appeals Tribunal, town planners, architects, designers and lawyers involved in the field, with developers and developer bodies and with representatives of resident organisations. It also commissioned a consultant report on resident attitudes and perceptions towards their living environment and the changes occurring with the increase in multi-dwelling developments in selected middle-ring municipalities. This resulted in a useful confirmation of perceptions gained through the other aspects of its work. · A call for input into an issues paper resulted in over 100 submissions from all sectors of the community, and a similar number of submissions were received in response to that paper. · The Panel wishes to formally record its thanks for the contribution of all of those who assisted it in consultation, discussion and by submission. It has been impressed by the depth of thought and breadth of vision which have been brought to the issues and the commitment to the aims of the Code and the desire to work creatively to improve it which the Panel has generally encountered as it pursued its tasks. The assistance of officers of the Department of Planning, particularly Geoff Lawler and Adrian Williams in administrative and technical matters was also greatly appreciated. With the help of all these people, the Panel has been able to complete. its task and tender this Final Report in the confidence that it reflects a broad consensus view and that its recommendations will · assist in the development of better designed medium density housing in Victoria. Yours faithfully Ton Jams \,..• ~7 VICCODE 2 REVIEW TABLE OF CONTENTS 1. GENERAL OUTCOMES OF REVIEW ........................................~ ................. 1 2. THE REVIEW PROCESS ....................................... ~ .......................... ; ........... 4 3. LOCAL VARIATIONS ................................................................................. ·9 4. PERFORMANCE MEASURES .................................................. ~ ................... 16 5. DENSITY ..................................................................................· .................. 19 6. CHARACTER ................................ ·.............................................................. 27 7. GOOD DESIGN ............ , ............................................................................ 30 8. PROCESS ........................................... .- ...................................... .-................ 38 9. CODE ALTERATION ............... ~ .................................................................. 41 10. STATUTORY CONTEXT ............................................................................. 50 11. SUMMARY OF RECOMMENDATIONS ...........................................•......... 62 APPENDIX A-· TERMS·OF REFERENCE ............................................................ 66 APPENDIX B- REVIEW OF VICCODE 2 CITIES OF HEIDELBERG AND CAULFIELD QUALITATIVE RESEARCH- A REPORT FOR VICCODE 2 REVIEW PANEL BY MAXINE COOPER & ASSOCIATES PTY LTD, NOVEMBER 1994 ....................... ; ...........................~ .................... ; .... ; .............. : ........... 68 VICCODE 2 REVIEW GENERAL OUTCOMES OF REVIEW VicCode 2 was introduced as an instrument of change. It was intended to facilitate an increase in density throughout the metropolitan area and encourage production of medium density housing. It was a direct response to the need to: • . encourage innovation and variety in housing development; • give Victorians more chance of finding appropriate and affordable housing; • make better use of costly infrastructure and reduce urban sprawl; • reduce the costly, frustrating and time consuming battle that is too often a part of the planning process. · As the Minister said in his Foreword to VicCode 2: The Code is a commonsense response to our changing housing needs. It is now time to take it out of the debating arena. The best way to test the Code and see if it works is to put it into practice. On the figures alone, the objective of encouraging medium density housing would appear to be working, although as the Panel observed in its issues paper, it doubts if this is solely attributable to VicCode 2, with the upsurge in medium density ' development in the past 12 months more probably a reflection of market forces which happened to coincide with it. Nevertheless, criticism of VicCode 2, mainly from the middle and outer suburbs, suggests that in terms of community acceptance, it is not working. The debate about VicCode 2 has focussed people's minds on the changes occurring to the physical face of their city. One outcome has been an expression of pride in the diversity. which the character of Melbourne exhibits and in its liveability. Whilst most people acknowledge the ·need for urban consolidation to slow growth at the urban fringe where the cost of new infrastructure is so massive, they fear this will be at the expense of the residential character of Melbourne's established suburbs. They see VicCode 2 as an instrument which, through its universal application, might transform the different suburbs into an amorphous whole. In making its recommendations the Panel has recognised that inevitably medium density housing will play a much larger role in meeting Victoria's housing. requirements than in the past. Changes in household structures and lifestyles are resulting in different social needs emerging which medium density development will help to meet. The community cannot afford to send this type of housing form into a decline similar to that following the spate of flat building of the 60s and 70s (which is still colouring people's attitudes to medium density development). I !. GENERAL OUTCOMES OF REVIEW- 1 / VICCODE 2 REVIEW The need for medium density development to meet a wide range of housing . requirements exists in all areas. It should be actively enoouraged in. those locations where it can be most effectively supplied with least disruption and opposition. For this reason, medium density housing in fringe suburbs is of particular significance. · In established areas large sites offer far better opportunities than standard infill sites where mediocre "bottom line" development has caused most public outcry against the perceived effects of VicCode 2. For this reason, incentives should be offered which favour development of large sites in preference to those where impact, ·and hence opposition, will be greatest. In doing so, .it should be recognised that opposition to medium density housing is not always just an expression of the NIMBY syndrome ("not in my backyard') to be contemptuously dismissed, but often a real expression of concern about the value which the character of different neighbourhoods hold for their community. · Nevertheless the Panel considers that more should be done to educate the community about and demonstrate the positive benefits of change and the fact that the character of an area can be benfited, not simply by maintaining the status quo, but identifying opportunities for improvement. In this respect the Panel believes that councils must develop a vision about what they want their urban environment to be, both visually and functionally. Not only will they need to plan how their municipalities can be used for medium density housing, but what sort of character they will develop which is enjoyable and appreciated by residents. The Panel's general conclusion as a result of this review is that VicCode 2 is fundamentally a valuable document in guiding the design and assessment of medium density housing, but a number of its concepts require modification, the Code itself requires re-writing and the framework in which it sits and is supported needs change and better input. The Panel fully supports the concept that good creative design, as distinct from "bottom-line" development should be rewarded. In reporting on its review of VicCod·e 2, the Panel has addressed all the matters required by its terms of reference (which are set out in Appendix A). It considers it is more effective though to present its findings and recommendations in terms of the key issues which have emerged from the review process, rather than by reference to the specific points of the actual terms of reference. There are 8 key issues which the Panel has distilled as the criteria for effectively satisfying the requirements of the stakeholders to the review process: They are: Local Variation: There is a need for the introduction of local variation to better respond to Melbourne's diverse residential environments. Performance Measures: There is value in retaining and extending the use of performance measures. Density: Benchmark densities should be established to draw a 'bottom line' for stakeholders requiring certainty in the development process. Area Character: the effect of new medium density housing should be related to area character not a narrow definition of streetscape. GENERAL OUTCOMES OF REVIEW - 2 VICCODE 2 REVIEW Good Design: Understanding, assessing-and creating good design