Urban Planning Special Committee Agenda 18/12/17 UPC2 Amendment C263 - Various Heritage Overlays - Exhibition outcomes and request for panel Abstract Amendment C263 proposes to apply the Heritage Overlay (HO) to four (4) individually significant heritage places in the Boroondara Planning Scheme. The properties affected by this amendment are: 12 Power Street, Balwyn 70 Riversdale Road, Hawthorn 15 Victor Avenue, Kew; and 3 Wilson Street, Surrey Hills. Council carried out preliminary consultation with affected land owners and occupiers, adjoining land owners and occupiers and relevant historical societies on the draft heritage citations between March and May 2017, as reported to the Urban Planning Special Committee meeting on 17 July 2017. A summary of the number of submissions received for each property is detailed in the officers’ report. Following preliminary consultation, officers wrote to the Minister for Planning to request authorisation to prepare and exhibit Amendment C263 to the Boroondara Planning Scheme. The Minister for Planning authorised the amendment on 3 August 2017. The public exhibition for Amendment C263 commenced on 12 September 2017 and concluded on 3 November 2017. Affected land owners and occupiers, adjoining land owners and occupiers and relevant historical societies were notified of the exhibition period. Council received a total of twelve (12) submissions. Nine (9) submissions were in support of the introduction of the HO to 70 Riversdale Road, Hawthorn, one (1) submission in support of the introduction of the HO to all properties listed in the amendment, one (1) submission in support of the introduction of the HO to 12 Power Street, Balwyn and one (1) submission objecting to the introduction of the HO to 12 Power Street, Balwyn. A summary of submissions and the officers’ responses is provided in Attachment 1. No changes are proposed to the amendment as a result of the submissions. In accordance with Section 23(1) of the Planning and Environment Act 1987, Council must decide whether to: change the amendment in the manner requested (in the submission); or refer the submission to a panel appointed under Part 8; or abandon the amendment or part of the amendment. City of Boroondara Amendment C263 Page 1 of 94 Urban Planning Special Committee Agenda 18/12/17 In response to the submissions received officers recommend that the UPSC resolve to split Amendment C263 into two parts as follows: Part 1 to relate to 70 Riversdale Road, Hawthorn, 15 Victor Avenue, Kew and 3 Wilson Street, Surrey Hills (where only supporting submissions or no submissions were received). Part 2 to relate to 12 Power Street, Balwyn (where an objecting or unresolved submission was received). Refer Part 1 to an Ordinary Meeting of Council for adoption. Refer Part 2 to an independent Planning Panel for consideration. By splitting the amendment into two parts Council will be able to proceed with the individual Heritage Overlays for 70 Riversdale Road, Hawthorn, 15 Victor Avenue, Kew and 3 Wilson Street, Surrey Hills while 12 Power Street, Balwyn is referred to an independent Planning Panel for consideration. Officers' recommendation That the Urban Planning Special Committee resolve to: 1. Receive and note the submissions to Amendment C263 (Attachment 1) to the Boroondara Planning Scheme in accordance with Section 22 of the Planning and Environment Act 1987. 2. Note and endorse the officers’ response to submissions as shown at Attachment 1. 3. Endorse the amendment documentation and associated maps as shown in Attachment 2 in accordance with Amendment C263. 4. Note the citations which were adopted by the UPSC on 17 July 2017 as shown in Attachment 3. 5. Split Amendment C263 into two parts: Part 1 to relate to 70 Riversdale Road, Hawthorn, 15 Victor Avenue, Kew and 3 Wilson Street, Surrey Hills, which received supporting submissions or no submissions. Part 2 to relate to 12 Power Street, Balwyn, which received supporting and objecting submissions. 6. Refer Amendment C263 (Part 1) to an Ordinary Meeting of Council to be adopted in accordance with Section 29(1) of the Planning and Environment Act 1987. 7. Refer Amendment C263 (Part 2) and all related submissions to a Planning Panel in accordance with Section 23(1) of the Planning and Environment Act 1987. 8. Authorise the Director City Planning to undertake administrative changes to Amendment C263 Part 1 and 2 that does not change the intent of the amendment. City of Boroondara Amendment C263 Page 2 of 94 Urban Planning Special Committee Agenda 18/12/17 Responsible director: Shiran Wickaramasinghe City Planning ___________________________________________________________________ 1. Purpose The purpose of this report is to: Inform the Urban Planning Special Committee (UPSC) of the outcomes of exhibition for Amendment C263. Provide a summary of submissions received and the officers’ response to submissions (Attachment 1). Seek a resolution from the UPSC to split Amendment C263 into two parts: o Part 1 to relate to 70 Riversdale Road, Hawthorn, 15 Victor Avenue, Kew and 3 Wilson Street, Surrey Hills, which received supporting submissions or no submissions. o Part 2 to relate to 12 Power Street, Balwyn, which received supporting and objecting submissions. Refer Amendment C263 (Part 1) to an Ordinary Meeting of Council to be adopted in accordance with Section 29(1) of the Planning and Environment Act 1987. Refer Amendment C263 (Part 2) and all related submissions to a Planning Panel in accordance with Section 23(1) of the Planning and Environment Act 1987. 2. Policy implications and relevance to council plan Council Plan 2017-2021 The amendment is consistent with the strategic objective to ‘Facilitate the process of urban renewal throughout the City to enhance amenity by efficient and effective permit issuing administration’ under Theme 3 - Enhanced amenity. Specifically, the amendment implements Council's commitment to 'engage with our community in striving for protection and enhancement of the natural and built environment’ (Strategy 10). The amendment will further assist Council in fulfilling its major initiative commitment to protect the City’s heritage by continuing an assessment of properties not currently subject to a Heritage Overlay in the Boroondara Planning Scheme. Public Health and Wellbeing Plan 2013-17 The amendment implements Strategic Objective 2 of the Municipal Public Health and Wellbeing Plan 2013-17, to ‘enhance and develop our neighbourhoods to support health and wellbeing’ by including places of heritage significance in the Heritage Overlay. In particular this amendment implements Strategy 2.2 to support practices that assist Council and the community maintain and enhance our natural environment for future generations. City of Boroondara Amendment C263 Page 3 of 94 Urban Planning Special Committee Agenda 18/12/17 Heritage Action Plan 2016 The Heritage Action Plan was adopted by Council on 2 May 2016 and establishes the framework to guide Council’s heritage work program as it relates to the identification, protection, management and promotion of Boroondara’s heritage assets. The amendment is consistent with the following actions of the Heritage Action Plan 2016: Continue to implement a referral process to ensure sites of possible heritage significance are assessed by a heritage consultant prior to issuing report and consent to demolition under S29A of the Building Act 1993. Ensure Heritage Citations and Statements of Significance clearly identify the significant elements of the heritage place as well as the non- significant/non-contributory elements where appropriate. Continue to maintain the ‘Proposed Heritage Areas’ Geographical Information System (GIS) layer which identifies properties proposed for inclusion in a Heritage Overlay. Continue to request that the Minister for Planning apply interim Heritage Overlays to places under imminent threat of demolition in accordance with Council’s internal process. Boroondara Planning Scheme The amendment is consistent with the objectives of the State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF). In particular it addresses the following clauses: Clause 15.03-1 Heritage Conservation which seeks to ‘ensure the conservation of places of heritage significance’ by identifying, retaining and protecting places with identified heritage significance; and Clause 21.04-5 (Built Environment and Heritage) of the Municipal Strategic Statement includes the objective ‘to identify and protect all individual places, objects and precincts of cultural heritage, aboriginal, townscape and landscape significance’. Clause 22.03-2 (Heritage Policy) which seeks ‘to preserve ‘significant’ heritage places, protecting all significant heritage fabric including elements that cannot be seen from the public realm’. Both the SPPF and LPPF seek to ensure the HO is applied to protect places of heritage significance in the City of Boroondara. Plan Melbourne 2017-2050 The identification, assessment and protection of places of local heritage significance are supported by Outcome 4 of Plan Melbourne which seeks to ensure that ‘Melbourne is a distinctive and liveable city with quality design and amenity’. Direction 4.4 recognises the contribution heritage makes to Melbourne’ distinctiveness and liveability and advocates for the protection of Melbourne’s heritage places. City of Boroondara Amendment C263 Page 4 of 94 Urban Planning Special Committee Agenda 18/12/17 In particular, Policy 4.4.1 recognises the need for