COUNCIL REPORT Agenda Item 5.2 1 May 2003 MELBOURNE PLANNING SCHEME AMENDMENT C60: MSS AND LOCAL POLICIES Committee Planning, Development and Services Committee Presenter Cr Ng Purpose 1. To present an overview of the submissions received to Melbourne Planning Scheme Amendment C60 which relates to the review of the Municipal Strategic Statement (MSS) and local policies and to request Council’s approval to progress to a Panel hearing. Recommendation 2. That Council: 2.1. note the outcomes of the consultation outlined in this report; 2.2. request that the Minister for Planning appoint a Panel to consider submissions to Part 1 of Melbourne Planning Scheme Amendment C60 Part 1; 2.3. abandon Melbourne Planning Scheme Amendment C60 Part 2 relating to the policy at Clause 22.11 Sexually Explicit Adult Establishments; and 2.4. note the response to submissions discussed in the body of the Management Report which will form the basis of Council’s submission to the Panel. Council Report Attachment: 1. Planning, Development and Services Committee, Agenda Item 5.8, 3 April 2003 PLANNING, DEVELOPMENT AND Agenda Item 5.5 SERVICES COMMITTEE REPORT COVER SHEET 3 April 2003 MELBOURNE PLANNING SCHEME AMENDMENT C60 MSS AND LOCAL POLICIES Division Sustainable Development & Strategy Presenter Mark Woodland, Manager Sustainable Policy & Planning Purpose To present an overview of the submissions received to Melbourne Planning Scheme Amendment C60 which relates to the review of the Municipal Strategic Statement (MSS) and local policies and to request the Committee’s approval to progress to a Panel hearing. Time Frame Following the exhibition of an amendment and receipt of submissions the Council is required to consider all submissions received and in so doing, the Council may either modify or abandon the amendment or request the Minister for Planning to appoint an Independent Panel to hear submissions. If the Council resolves to proceed to Panel, it is likely that the Panel hearing will occur in June or July. Finance Funding has been allocated within the 2002/03 operational budget to cover the costs associated with a Panel hearing. Legal Part 3 of the Planning and Environment Act 1987 sets out the procedure to be followed in relation to an amendment to a planning scheme. The report accurately details the procedures to be followed by a planning authority that has received submissions regarding a proposed amendment, prior to referring the amendment to an Independent Panel. Sustainability The exhibited MSS and local policies are considered to set a policy framework for positive economic, social and environmental outcomes. The exhibited MSS has been directly informed by City Plan 2010. While the themes of City Plan 2010 have not been directly used to structure the MSS, the land use and development content of the MSS has been drawn from the content of each City Plan 2010 theme. This is described as follows: Connected and Accessible City This Theme has been addressed within the Transport and Communications section of the Municipal Strategic Statement. Inclusive and Engaging City This Theme has been addressed within the City Structure & Urban Form, Housing & Residential Development and, Recreation, Entertainment & the Arts sections of the Municipal Strategic Statement. Innovative and Vital Business City This Theme has been addressed within the Business & Retail and Advanced Manufacturing & Industry sections of the Municipal Strategic Statement. Environmentally Responsible City This Theme has been addressed within the Environment and Natural Systems section of the Municipal Strategic Statement. The key strategies of the MSS were reported to the August 2002 Planning, Development and Services Committee. These strategies are considered to be a positive step in working towards the Council’s vision of being a Thriving and Sustainable City. The economic, social and environmental impacts of the MSS and local policies are discussed in detail in the Explanatory Report, forming part of the exhibited amendment at Attachment 2. Of specific note, the MSS contains objectives and strategies to enhance the City’s environment, and the amendment seeks to introduce an Ecologically Sustainable Buildings Policy and Bicycle Facilities Policy to the Melbourne Planning Scheme. Recommendation That the Planning, Development and Services Committee recommend that Council: • note the outcomes of the consultation outlined in this report; • request that the Minister for Planning appoint a Panel to consider submissions to Part 1 of Melbourne Planning Scheme Amendment C60 Part 1; • abandon Melbourne Planning Scheme Amendment C60 Part 2 relating to the policy at Clause 22.11 Sexually Explicit Adult Establishments; and • note the response to submissions discussed in the body of the report which will form the basis of Council’s submission to the Panel. Attachments: 1. City Plan / MSS evolution 2. Exhibited Melbourne Planning Scheme Amendment C60 3. Submissions PLANNING, DEVELOPMENT AND Agenda Item 5.5 SERVICES COMMITTEE REPORT 3 April 2003 MELBOURNE PLANNING SCHEME AMENDMENT C60 MSS AND LOCAL POLICIES Division Sustainable Development & Strategy Presenter Mark Woodland, Manager Sustainable Policy & Planning Purpose 1. To present an overview of the submissions received to Melbourne Planning Scheme Amendment C60 which relates to the review of the Municipal Strategic Statement (MSS) and local policies and to request the Committee’s approval to progress to a Panel hearing. Background 2. A history of the review of the MSS is somewhat complex and is shown diagrammatically at Attachment 1. 3. The City of Melbourne’s existing MSS was prepared in 1997 and approved in 1999. Section 12A(5) of the Planning and Environment Act 1987 provides that a municipal council must review its MSS every three years after it is prepared. To meet this requirement, City Plan 99 (the existing MSS) was reviewed and redrafted and placed on public consultation in April 2001 as the draft City Plan 2010. Like City Plan 99, the draft City Plan 2010 was developed to fill two roles; 3.1. to set broader City directions and actions; and 3.2. to act as the City’s MSS. 4. A number of submissions were received as a part of this consultation and reported to Committee in December 2001, including a submission from the Department of Infrastructure which expressed concerns with the draft City Plan 2010. 5. In October 2001 a Practice Note was released by the Department of Infrastructure, which further defined the Department’s expectations of the scope and boundaries of the MSS Three Year Review Process. 6. As a result of the submissions and the Practice Note a decision was made to split the broader City and governance elements from the more land use focussed elements of the Plan. This has resulted in the development of two separate documents; City Plan 2010 which was adopted by Council in December 2001 as Council’s overarching vision and directions statement, and the reviewed MSS which is the subject of this report. 7. In December 2001 the Planning, Development and Services Committee also considered and adopted the “MSS Three Year Review Report” which outlined the findings of the review. One of the recommendations of this review was that the Melbourne MSS be redrafted and a number of changes be made to local planning policies. 8. The reviewed MSS and local policies were reported to the Planning, Development & Services Committee in August and October 2002. These reports contained detail of what has been reviewed, how and why. Between those two meetings targeted public consultation was undertaken and the outcomes of the consultation were reported to the Committee and considered in preparing Melbourne Planning Scheme Amendment C60. To reiterate briefly, Amendment C60 involves: 8.1. substantial change in format and content of the MSS to ensure its consistency with the Victorian Planning Provisions and to reflect the directions and content of the adopted City Plan 2010; 8.2. review of many existing local planning policies contained in the Melbourne Planning Scheme to improve their clarity and effectiveness and consistency with the Victorian Planning Provisions, consistency with the exhibited MSS and the Department of Sustainability & Environment Practice Note Writing a Local Planning Policy; 8.3. introduction of two new local policies relating to Ecologically Sustainable Buildings and Bicycle Facilities Parking; and 8.4. deletion of a number of local policies whose content is now contained within the MSS. 9. There are no changes to the zones, overlays or other provisions of the Melbourne Planning Scheme proposed as part of this Amendment. 10. The MSS was developed taking into account: 10.1. analysis of changing economic, social, environmental and corporate context; 10.2. achievements of City Plan 99 and the recommendations of the Three Year Review Report; 10.3. City Plan 2010; 10.4. adopted Local Area Plans: North West 2010, Carlton 2010 and Southbank Structure Plan (Final Draft) have all been prepared since the adoption of City Plan 99. These local area plans provide more detailed direction on the character of these areas and the nature of change that is able to occur, and the directions of these plans have been built into the MSS, providing for further balancing of these roles; 10.5. outcomes of Melbourne Planning Scheme Amendment C20; 10.6. submissions received in April 2001 as part of the consultation associated with the draft City Plan 2010; and 10.7. Melbourne 2030 (Metropolitan Strategy). 11. The consultation undertaken in the exhibition of Melbourne Planning Scheme Amendment C60 is outlined later in this report. In summary the amendment was advertised over a 2 month period with letters to stakeholders and notices and advertisements in newspapers. To date, 22 written submissions have been received. The submissions are detailed at Attachment 3. Discussions have been undertaken with a number of submitters to clarify and work through issues. 12. The next step is for the City of Melbourne to request that the Minister for Planning appoint an Independent Panel to consider the strategic basis of the amendment and to consider submissions.