Council Meeting Agenda 24/08/2020 7.4 Amendment C284 - Hawthorn Heritage Gap Study - Decision to Adopt Amendment Abstract The purpose of the officers’ report is to inform Council of the outcomes of the independent Planning Panel hearing for Amendment C284 to the Boroondara Planning Scheme and to seek a decision of Council to adopt Amendment C284 (Part 1). Amendment C284 (Part 1) proposes to implement the recommendations of the City of Boroondara Municipal Wide Heritage Gap Study: Volume 3 Hawthorn (the Study) prepared by Context Pty Ltd by: applying the Heritage Overlay to 13 individually significant heritage places and seven heritage precincts; and extending the existing Central Gardens Precinct (HO146), Glenferrie Hill Precinct (HO149), Leslie Street Precinct (HO164) and West Hawthorn Precinct (HO220) to include additional properties. Exhibition of Amendment C284 and the Study was undertaken from 7 February to 12 March 2019 in accordance with Section 19 of the Planning and Environment Act 1987 (the Act). Council received a total of 59 submissions during exhibition, including nine supporting submissions, 19 partially supporting submissions, 30 objections and one submission in objection which was later withdrawn. In addition, four late objecting submissions were received in May and June 2019. A Panel hearing was held on 14, 15, 19 and 21 August 2019 to consider the submissions received to Amendment C284. Fourteen of the submitters presented at the Panel Hearing. The Panel had regard to the exhibited Amendment and the post- exhibition changes recommended by Council as part of its submission. The Panel considered all submissions to the Amendment whether or not a submitter chose to present at the Panel hearing. On 4 October 2019 officers received the Panel’s report for Amendment C284. A summary of the Panel’s findings and officers’ responses were presented to the Urban Planning Special Committee (UPSC) on 3 August 2020. At this meeting, the UPSC endorsed the officer recommendation to split the amendment into two parts, Part 1 relating to the substantive amendment and Part 2 relating specifically to 36 Kooyongkoot Road, Hawthorn. The UPSC resolved to defer consideration of Amendment C284 (Part 2) due to legal proceedings being undertaken with respect to 36 Kooyongkoot Road, Hawthorn. Splitting the amendment will allow Council to consider the adoption of Amendment C294 (Part 1) without delay. The UPSC also resolved to accept the Panel recommendations in relation to Part 1 (as per the officers’ recommendation) and refer Amendment C284 (Part 1) to an Ordinary meeting of Council for adoption, which is the purpose of this report. The Panel generally supports Amendment C284 (Part 1) and the majority of recommendations made by Council through its submissions during the Panel hearing. City of Boroondara 311 Council Meeting Agenda 24/08/2020 The Panel recommends Amendment C284 (Part 1) be adopted as exhibited subject to the following key changes: 1. Abandon applying the Heritage Overlay to: a) 19 and 23 Robinson Road, Hawthorn (as submitted by Council) b) 141 and 147 Riversdale Road, Hawthorn (as submitted by Council) c) 4, 6-10, 12, 26, 28, 30, 32, 34 and 40 Lennox Street, Hawthorn (as submitted by Council) d) 328, 330, 1/332, 2/332, 334, 336 and 340 Barkers Road, Hawthorn (as submitted by Council) e) 1A and 2A Rae Street, Hawthorn (as submitted by Council) f) 4 Marian Street, Hawthorn g) 1A-15 Malmsbury Street, Hawthorn (as submitted by Council) h) 823-825 Glenferrie Road, Hawthorn (as submitted by Council, correction of mapping error) A number of other recommendations are contained within the Panel report relating to recommended changes to the heritage citations or referencing within the Schedule to the Heritage Overlay at Clause 43.01 of the Boroondara Planning Scheme. Officers' recommendation That Council resolve to: 1. Adopt Amendment C284boro (Part 1) to the Boroondara Planning Scheme, as shown in Attachments 1 to 3, in accordance with Section 29(1) of the Planning and Environment Act 1987. 2. Submit Amendment C284boro (Part 1) to the Minister for Planning for approval in accordance with Section 31(1) of the Planning and Environment Act 1987. 3. Following the Minister’s approval of Amendment C284boro (Part 1), adopt a change to the Boroondara Schedule of Gradings Map to reflect the gradings attributed to properties. 4. Authorise the Director City Planning to undertake minor administrative changes to the amendment and associated planning controls that do not change the intent of the controls. City of Boroondara 312 Council Meeting Agenda 24/08/2020 Responsible director: Shiran Wickramasinghe City Planning ___________________________________________________________________ 1. Purpose The purpose of this report is to: Inform Council of the outcomes of the independent Planning Panel hearing for Amendment C284 to the Boroondara Planning Scheme; and Seek Council’s adoption of Amendment C284 (Part 1), as shown at Attachments 1 to 3, including: o Attachment 1: Revised planning scheme ordinance o Attachment 2: Revised planning scheme maps o Attachment 3: Revised planning scheme incorporated documents 2. Policy implications and relevance to community plan and council plan Council Plan 2017-2021 and Boroondara Community Plan 2017-27 The identification and protection of identified heritage places is consistent with the strategic objectives and strategies set out in the Council Plan 2017-2021 and the Boroondara Community Plan 2017-2027. Specifically, the amendment is consistent with the objective to “protect the heritage and respect the character of the City to maintain amenity and liveability whilst recognising the need for appropriate, well-designed development for future generations” identified in the Council Plan and the Boroondara Community Plan under Theme 4 - Neighbourhood Character and Heritage. The amendment also assists in implementing the following strategies: Strategy 4.3 - Preserve the City’s history and protect heritage properties and precincts by undertaking a municipal-wide heritage review and introduce heritage overlays in the Boroondara Planning Scheme. Strategy 4.6 - Engage with owners and developers to achieve a balance between development and protection of neighbourhood character, heritage and amenity. The project will further assist Council in fulfilling its major initiative commitment to “protect the City’s heritage by continuing a municipal wide heritage assessment of all areas not currently subject to a Heritage Overlay in the Boroondara Planning Scheme”. 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. City of Boroondara 313 Council Meeting Agenda 24/08/2020 The amendment is consistent with the following actions identified in the Heritage Action Plan 2016: “Ensure Heritage Citations and Statements of Significance clearly identify the significant elements of the heritage place as well as the non-significant / noncontributory elements where appropriate” “Complete and implement thematic studies of schools, churches and other community facilities and public places which were not assessed and protected through other area-based studies”. Boroondara Planning Scheme The amendment is consistent with the objectives of the Planning Policy Framework (PPF) and Local Planning Policy Framework (LPPF). In particular it addresses the following Clauses: Clause 15.03-1S - Heritage Conservation which seeks to ‘ensure the conservation of places of heritage significance’ by identifying, retaining and protecting places with identified heritage significance; Clause 21.04-5 - Built Environment and Heritage of the Municipal Strategic Statement which includes the objective ‘to identify and protect all individual places, objects and precincts of cultural, aboriginal, urban and landscape significance’; and 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 PPF and LPPF seek to ensure the Heritage Overlay 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. In particular, Policy 4.4.1 recognises the need for “continuous identification and review of currently unprotected heritage sites and targeted assessments of heritage sites in areas identified as likely to be subject to substantial change”. The amendment is consistent with these Plan Melbourne directions and initiatives. Planning and Environment Act 1987 The amendment is consistent with the objectives of planning in Victoria, in particular the objective detailed in Section 4(1)(d) of the Planning and Environment Act 1987, being: “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”. City of Boroondara 314 Council Meeting Agenda 24/08/2020 Council