Special Meeting of Council Agenda 21/09/2020 3.2 Adoption of Amendment C318 - Balwyn Heritage Study Peer Review Abstract The purpose of this report is to inform Council of the independent Planning Panel’s recommendations in respect to Amendment C318boro to the Boroondara Planning Scheme and to seek a decision of Council to adopt the Amendment. The amendment seeks to implement the recommendations of the Balwyn Heritage Study Peer Review Stage 2. Specifically, Amendment C318boro proposes to introduce Heritage Overlays to fifteen individual properties and one precinct in Balwyn, Balwyn North and Deepdene. Following receipt of authorisation on 14 October 2019, Amendment C318boro was exhibited from 4 November to 13 December 2019. Council received a total of nine submissions including three supporting and six submissions opposing or seeking changes to the amendment. On 17 February 2020, the Urban Planning Special Committee (UPSC) resolved to refer all submissions to an independant Planning Panel for review. The Panel hearing was held on 6, 8 and 13 May 2020. The Panel supported the amendment subject to some minor modifications and recommended the amendment be adopted. The Panel did not recommend for any property to be removed from the amendment and not be included in the Heritage Overlay. A summary of the Panel’s findings and officers’ responses were presented to the UPSC 31 August 2020. At the meeting the UPSC resolved to adopt the Balwyn Heritage Study Peer Review, subject to the changes recommended by the Panel and to refer the amendment to an Ordinary Meeting of Council to be adopted. Officers recommend Council resolve to formally adopt Amendment C318boro to the Boroondara Planning Scheme and submit the amendment to the Minister for Planning for approval. City of Boroondara 368 Special Meeting of Council Agenda 21/09/2020 Officers' recommendation That Council resolve to: 1. Adopt Amendment C318boro 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 C318boro 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 C318boro, update two (2) reference documents to the Boroondara Planning Scheme (the Boroondara Schedule of Gradings Map and Boroondara Heritage Property Database) to include heritage gradings and relevant heritage citations for properties affected by Amendment C318boro. 4. Authorise the Director Urban Living to undertake administrative changes to the amendment and associated planning controls that do not change the intent of the controls. City of Boroondara 369 Special Meeting of Council Agenda 21/09/2020 Responsible director: Shiran Wickramasinghe Urban Living ___________________________________________________________________ 1. Purpose The purpose of this report is to: Inform Council of the outcomes of the Urban Planning Special Committee (UPSC) meeting on 31 August 2020. Seek a resolution from the Council to adopt Amendment C318boro as shown in: o Attachment 1: Statement of Significance Incorporated Documents o Attachment 2: Planning Scheme Amendment Maps o Attachment 3: Planning Scheme Ordinance including Schedule to Clause 43.01 Heritage Overlay, Schedule to Clause 72.04 Incorporated Documents, Schedule to Clause 72.08 Background Documents and to submit the amendment to the Minister for Planning for approval. 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 through the Balwyn Heritage Study peer review process and amendment 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’. City of Boroondara 370 Special Meeting of Council Agenda 21/09/2020 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 priority action of the Heritage Action Plan 2016: Action OAR26 - Prepare and implement heritage controls to properties identified as ‘individually significant’ in the Balwyn, Balwyn North and Deepdene Heritage Study. 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. City of Boroondara 371 Special Meeting of Council Agenda 21/09/2020 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 (the Act), 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’. This means Council has a statutory obligation to continuously identify and protect places of heritage significance through the Heritage Overlay. 3. Background The table below details relevant milestones for Amendment C318boro: Table 1: Amendment C318boro history and milestones Date Event June 2014 Built Heritage complete the draft Balwyn and Balwyn North Heritage Study (incorporating Deepdene and Greythorn). Preliminary consultation period for the draft Study. February/March 2015 137 responses were received (94 opposing, 22 supporting, 21 neutral) September 2015 The UPSC resolves to not proceed with adopting the draft Study. The UPSC resolves to undertake a peer review of the draft Study. The peer review was to exclude properties that have March 2017 been demolished, properties already within the Heritage Overlay and any post-World War 2 properties from consideration. The UPSC resolves to incorporate the peer review into the ongoing heritage consultancy work being carried out by Context Pty. Ltd. September 2017 The UPSC also resolves to commence preliminary consultation on twelve individual properties and two precincts (comprising a total of 122 properties) that had previously prepared heritage citations. This forms Stage 1 of the peer review process November 2017 - The Stage 1 citations are exhibited and ultimately adopted February 2019 as Amendment C276. Stage 2 of the peer review process identifies 15 individual April 2019 properties and one heritage precinct (comprised of 13 properties) for heritage protection. Preliminary consultation of the draft citations prepared for 7 May to 4 June Stage 2. 2019 A total of seven submissions are received. UPSC considers submissions received during preliminary 2 September 2019 consultation and resolves to commence a planning scheme amendment