Planning and Environment Act 1987 PORT PHILLIP PLANNING SCHEME AMENDMENT C107 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Port Phillip City Council, which is the planning authority for this amendment. Land affected by the amendment The amendment applies to the ‘St Kilda Road North Precinct’ comprising land generally between St Kilda Road and Queens Road, Melbourne and Kings Way, South Melbourne, extending from Dorcas Street, South Melbourne, in the north to Punt Road and High Street, Windsor, in the south. The precinct also includes land along Albert Road and the south side of Palmerston Crescent, east of Moray Street, South Melbourne. Figure 1: Map of the St Kilda Road North Precinct What the amendment does Amendment C107 gives statutory effect to the St Kilda Road North Precinct Plan 2013 (Updated 2015), through updating the Local Planning Policy Framework and Design and Development Overlay to reflect the vision, strategic directions and built form (development) outcomes of the Plan. Specifically, Amendment C107: Inserts a new Schedule 26 to Clause 43.02 - Design and Development Overlay, which specifies ‘design objectives’ and ‘design requirements’ (including mandatory heights) for the overall St Kilda Road North Precinct, and for individual sub-precincts; Deletes the existing Schedule 3 and Schedule 4 to the Design and Development Overlay that apply to the St Kilda Road North precinct; Modifies the Port Phillip Planning Scheme Maps No. 3DDO, Map No. 4DDO and Map No. 6DDO (Design and Development Overlay Maps) to reflect the above; Modifes the Local Planning Policy Framework (Municipal Strategic Statement) at Clauses 21.06-7: St Kilda Road and Queens Road and 21.04-5: Public Open Space and Foreshore, to reflect the vision and strategic directions of the St Kilda Road North Precinct Plan 2013; Includes the St Kilda Road North Precinct Plan 2013 (Updated 2015) as a Reference Document to the Port Phillip Planning Scheme at Clauses 21.07, 43.02 (Schedule 26); and Modifies Clause 66.06: Notice of permit applications under local provisions to update the requirement to give notice to The Shrine of Remembrance Trustees. The amendment does not make any changes to the existing zoning or heritage overlay controls. Strategic assessment of the amendment Why is the amendment required? This amendment is required to implement the St Kilda Road North Precinct Plan 2013 (Updated 2015). The St Kilda Road North Precinct is unique within the City of Port Phillip due to its grand boulevards (St Kilda and Queens Roads) and unusual curvilinear subdivision pattern, its mix of high-rise office and residential buildings with residual heritage places, its landscape qualities and connectivity to the CBD and major public open spaces. The St Kilda Road North Precinct is currently affected by Design and Development Overlay Schedule 3 and Schedule 4 (DDO3 and DDO4). A DDO is a control within the planning scheme that guides new development by specifying design objectives and design requirements (such as building heights and setbacks) for a specific area. The existing Design and Development Overlays (DDO3 and 4) for this area were developed over 20 years ago and include discretionary and mandatory height limits. Over this time, the precinct has evolved from a predominantly commercial area to one which is experiencing increased demand for residential apartments. Development applications have also, in many instances, exceeded the discretionary ‘preferred’ building heights specified in the existing DDOs. A review of the St Kilda Road North Precinct was undertaken to allow Council to develop comprehensive revised planning controls that respond to this changing development context. DDO Schedule 26 replaces DDO3 and DDO4 in the Port Phillip Planning Scheme. DDO26 specifies ‘design objectives’ and ‘design requirements’ relating to the scale and form of new development, including maximum building heights and building setback requirements. It requires high quality development that: respects the Shrine of Remembrance setting, reinforces the well-established street layout and landscape identity of the precinct, maintains residential amenity, and contributes to an inviting and activated environment for pedestrians at street level. DDO26 and Local Policy will be used to guide decisions on future planning permit applications for use and development within the St Kilda Road North Precinct. St Kilda Road North Precinct Review Council commenced a review of the St Kilda Road North Precinct in January 2011, following the Minister for Planning’s introduction of interim mandatory height controls for the area. These interim controls ensured that any development proposals in the short term did not compromise the strategic importance of the St Kilda Road North Precinct as Melbourne’s most renowned boulevard and the setting for the Shrine of Remembrance. As part of the review, Council commissioned five technical studies covering built form, transport and access, community infrastructure needs, public realm and physical infrastructure capacity. These documents provide an overall background to the area and informed the development of the St Kilda Road North Precinct Plan 2013 (Updated 2015) and new planning controls. The review included the following studies: • The Review of Design and Development Overlay 3 & 4 (prepared by Planisphere Consultants) • Sustainable Transport Management in St Kilda Road (prepared by Ratio Consultants) • Future Needs of the St Kilda Road Precinct (prepared by Urbis Consultants) • St Kilda Road Public Realm and Linkages Opportunities Study (prepared by City of Port Phillip) • St Kilda Road Precinct Review Infrastructure Study (prepared by City of Port Phillip). The St Kilda Road North Precinct Plan 2013 (Updated 2015) brings together the key findings of the five draft technical studies into a single document. The plan sets the ‘vision’ for the precinct and guides future development to achieve a well serviced, high amenity living and working environment. How does the amendment implement the objectives of planning in Victoria? The amendment will implement the following objectives of planning in Victoria, under Section 4 of the Planning and Environment Act 1987: 4(1)(a) to provide for a fair, orderly, economic and sustainable use, and development of land; 4(1)(c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria; 4(1)(d) to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; 4(1)(f) to facilitate development in accordance with the objectives set out in paragraphs (a), c), (d); 4(1)(g) to balance the present and future interests of all Victorians. How does the amendment address any environmental, social and economic effects? The amendment will have positive environmental outcomes as it seeks to more effectively manage built form to reinforce the iconic St Kilda Road and Queens Road boulevards, protect the setting of the Shrine of Remembrance, and ensure the efficient use of the existing infrastructure in the area such as public transport. It is anticipated that the amendment will have a number of positive social impacts. It will provide for housing growth and diversity and ensure new development makes a positive contribution to the public realm through well resolve podium design. It will protect the amenity of existing residential properties, and ensure a high level of amenity for new dwellings constructed in the precinct. The amendment will address economic effects by introducing planning controls which provide more certainty to landowners, developers, the community and decision-makers in relation to development opportunities. The economic function of the area as a mixed residential and commercial precinct will be reinforced by new high quality, higher density development. The amendment will also ensure that the form of new development does not undermine the local, regional and state significance of the precinct. Does the amendment address relevant bushfire risk? The municipal area of Port Phillip does not have any designated bushfire prone areas. Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment is consistent with Ministerial Direction No. 9 – Metropolitan Melbourne under Section 12 of the Act. It complies with the current Metropolitan Planning Strategy Plan Melbourne: Metropolitan Planning Strategy (Department of Transport, Planning and Local Infrastructure, 2014), in particular: Direction 2.1 – Plan for expected housing needs Direction 4.6 - Create more great places throughout Melbourne – including developing Melbourne’s network of boulevards. Direction 4.8 - Achieve and promote design excellence. The amendment complies with Ministerial Direction 11 – Strategic Assessment of Amendments. The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act. How does the amendment support or implement the State Planning Policy Framework and any adopted State policy? The amendment and the St Kilda Road North Precinct Plan are consistent with, and give effect to, the State Planning Policy Framework (SPPF), in particular: Clause 11.02-1 - Supply of urban land: - Ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational,