Knox PS Ordinance

19/01/2006 VC37
THE OBJECTIVES OF PLANNING IN VICTORIA Planning Schemes in Victoria must seek to achieve the objectives of planning in Victoria as set out in Section 4(1) of the Planning & Environment Act 1987. These objectives are: To provide for the fair, orderly, economic and sustainable use and development of land. To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity. To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria. 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. To protect public utilities and other assets and enable the orderly provision and coordination of public utilities and other facilities for the benefit of the community. To facilitate development in accordance with the objectives set out in the points above. To balance the present and future interests of all Victorians.
OBJECTIVES OF PLANNING IN VICTORIA
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19/01/2006 VC37
PURPOSES OF THIS PLANNING SCHEME To provide a clear and consistent framework within which decisions about the use and development of land can be made. To express state, regional, local and community expectations for areas and land uses. To provide for the implementation of State, regional and local policies affecting land use and development.
PURPOSES OF THIS PLANNING SCHEME
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KNOX PLANNING SCHEME
CONTENTS
21 SEP 2009
SECTION CLAUSE Objectives of planning in Victoria Purposes of this planning scheme CONTENTS USER GUIDE STATE PLANNING POLICY FRAMEWORK 10 11 11.01 11.02 11.03 12 12.01 12.02 12.03 12.04 12.05 12.06 12.07 12.08 12.09 13 14 14.01 15 15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08 15.09 15.10 15.11 15.12 Contents User guide State Planning Policy Framework Introduction, goal and principles Introduction Goal Principles of land use and development planning Metropolitan development A more compact city Better management of metropolitan growth Networks with the regional cities A more prosperous city A great place to be A fairer city A greener city Better transport links Geographic strategies [no content] Settlement Planning for urban settlement Environment Protection of catchments, waterways and groundwater Floodplain management Salinity Air quality Noise abatement Soil contamination Protection from wildfire Coastal areas Conservation of native flora and fauna Open space Heritage Energy efficiency
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SECTION
CLAUSE 15.13 15.14 16 16.01 16.02 16.03 16.04 16.05 16.06 17 17.01 17.02 17.03 17.04 17.05 17.06 17.07 17.08 17.09 17.10 18 18.01 18.02 18.03 18.04 18.05 18.06 18.07 18.08 18.09 18.10 18.11 18.12 18.13 19 19.01 19.02 19.03 19.04 Alpine Areas Renewable energy Housing Residential development for single dwellings Medium density housing Rural living and rural residential development Crisis accommodation and community care units Affordable housing Residential aged care facilities Economic development Activity centres Business Industry Tourism Agriculture Intensive animal industries Forestry and timber production Mineral resources Extractive industry Apiculture Infrastructure Declared highways, railways and tramways Car parking and public transport access to development Bicycle transport Airfields Ports Health facilities Education facilities Survey infrastructure Water supply, sewerage and drainage Waste management High pressure pipelines Developer contributions to infrastructure Telecommunications Particular uses and development Subdivision [no content] Design and built form Brothels Operation of the Local Planning Policy Framework
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SECTION FRAMEWORK
CLAUSE 21 21.01 21.02 21.03 21.04 21.05 21.06 21.07 21.08 21.09 21.10 21.11 21.12 22 22.01 22.02 22.03 22.04 22.05 22.06 22.07 22.08 22.09 22.10 22.11 Municipal Strategic Statement Knox in Profile State and regional context Key influences, opportunities and challenges Strategic vision and framework Promoting the identity and image of Knox Facilitating and maintaining local employment Making better use of urban facilities and services Recognising and protecting significant natural features and cultural heritage Enhancing the potential for lifestyle and cultural activities in the community Facilitating effective transportation and movement in and through the municipality Facilitating effective retail networks Monitoring and review Local Planning Policies Dandenong foothills Industrial and restricted retail sales area design Non residential uses in residential areas Knox Central Principal Activity Centre Stud Park shopping centre Boronia airspace Neighbourhood Character Scoresby-Rowville Employment Precinct [No Content] Housing Interim Major Activity Centre Boundaries Zones Operation of zones Residential Zones Residential 1 Zone Residential 2 Zone Low Density Residential Zone Mixed Use Zone Residential 3 Zone Industrial Zones Industrial 1 Zone Business Zones Business 1 Zone Business 2 Zone
ZONES
30 31 32 32.01 32.02 32.03 32.04 32.06 33 33.01 34 34.01 34.02
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SECTION
CLAUSE 34.03 34.04 34.05 35 35.03 35.04 35.06 35.07 36 36.01 36.02 36.03 36.04 37 37.01 37.02 37.03 Business 3 Zone Business 4 Zone Business 5 Zone Rural Zones Rural Living Zone Green Wedge Zone Rural Conservation Zone Farming Zone Public Land Zones Public Use Zone Public Park and Recreation Zone Public Conservation and Resource Zone Road Zone Special Purpose Zones Special Use Zone Comprehensive Development Zone Urban Floodway Zone Overlays Operation of overlays Environment and Landscape Overlays Environmental Significance Overlay Vegetation Protection Overlay Significant Landscape Overlay Heritage and Built Form Overlays Heritage Overlay Design and Development Overlay Incorporated Plan Overlay Development Plan Overlay Land Management Overlays Floodway Overlay Land Subject to Inundation Overlay Special Building Overlay Other Overlays Public Acquisition Overlay Environmental Audit Overlay Road Closure Overlay Restructure Overlay
OVERLAYS
40 41 42 42.01 42.02 42.03 43 43.01 43.02 43.03 43.04 44 44.03 44.04 44.05 45 45.01 45.03 45.04 45.05
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SECTION PARTICULAR PROVISIONS
CLAUSE 50 51 52 52.01 52.02 52.03 52.04 52.05 52.06 52.07 52.08 52.09 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 52.36 52.37 52.38 52.39 52.40 52.41 Particular provisions Operation of particular provisions [no content] Public open space contribution and subdivision Easements, restrictions and reserves Specific sites and exclusions Satellite dish Advertising signs Car parking Loading and unloading of vehicles Earth resource exploration and development Extractive industry and extractive industry interest areas Uses with adverse amenity potential Home occupation Service station Car wash Motor vehicle, boat or caravan sales Heliport Native vegetation precinct plan Native vegetation Timber production Telecommunications facility Convenience restaurant and take-away food premises Private tennis court Crisis accommodation Shared housing Community care unit Crematorium Cattle feedlot Licensed premises Gaming Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 road Freeway service centre Broiler farm Wind energy facility Shipping container storage Bicycle facilities Urban context report and design response for residential development of four or more storeys Integrated public transport planning Post boxes and dry stone walls 2009 Bushfire recovery 2009 Bushfire replacement buildings Government funded education facilities Government funded social housing
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SECTION
CLAUSE 52.42 52.43 54 54.01 54.02 54.03 54.04 54.05 54.06 55 55.01 55.02 55.03 55.04 55.05 55.06 56 56.01 56.02 56.03 56.04 56.05 56.06 56.07 56.08 56.09 56.10 57 Renewable energy facility (other than wind energy facility) Interim measures for bushfire protection
One dwelling on a lot Neighbourhood and site description and design response Neighbourhood character Site layout and building massing Amenity impacts On-site amenity and facilities Detailed design Two or more dwellings on a lot and residential buildings Neighbourhood and site description and design response Neighbourhood character and infrastructure Site layout and building massing Amenity impacts On-site amenity and facilities Detailed design Residential subdivision Subdivision site and context description and design response Policy implementation Livable and sustainable communities Lot design Urban landscape Access and mobility management Integrated water management Site management Utilities Transitional arrangements
Metropolitan green wedge land General provisions Administration of this scheme Administration and enforcement of this scheme What area is covered by this scheme? What does this scheme consist of? When did this scheme begin? Effect of this scheme Determination of boundaries Uses, buildings, works, subdivisions and demolition not requiring a permit
GENERAL PROVISIONS
60 61 61.01 61.02 61.03 61.04 61.05 61.06 62
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SECTION
CLAUSE 62.01 62.02 62.03 62.04 62.05 63 63.01 63.02 63.03 63.04 63.05 63.06 63.07 63.08 63.09 63.10 63.11 63.12 64 64.01 64.02 64.03 65 65.01 65.02 66 66.01 66.02 66.03 66.04 66.05 66.06 67 67.01 67.02 67.03 67.04 Uses not requiring a permit Buildings and works Events on public land Subdivisions not requiring a permit Demolition Existing uses Extent of existing use rights Characterisation of use Effect of definitions on existing use rights Section 1 uses Section 2 and 3 uses Expiration of existing use rights Compliance with codes of practice Alternative use Shop conditions Damaged or destroyed buildings or works Proof of continuous use Decision guidelines General provisions for use and development of land Land used for more than one use Land used in conjunction with another use Subdivision of land in more than one zone Decision guidelines Approval of an application or plan Approval of an application to subdivide land Referrals and notice provisions Subdivision referrals Use and development referrals Referral of permit applications under other State standard provisions Referral of permit applications under local provisions Notice of permit applications under State standard provisions Notice of permit applications under local provisions Applications under Section 96 of the Act Exemptions from Section 96(1) and 96(2) of the Act Notice requirements Notice requirements - native vegetation Notice exemption
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SECTION DEFINITIONS
CLAUSE 70 71 72 73 74 75 75.01 75.02 75.03 75.04 75.05 75.06 75.07 75.08 75.09 75.10 75.11 75.12 75.13 75.14 75.15 75.16 Definitions Meaning of words General terms Outdoor advertising terms Land use terms Nesting diagrams Accommodation group Agriculture group Child care centre group Education centre group Industry group Leisure and recreation group Earth resource exploration and development group Office Group Place of assembly group Pleasure boat facility group Retail premises group Retail premises group (sub-group of shop) Transport terminal group Utility installation group Warehouse group Land use terms that are not nested Incorporated documents Documents incorporated in this scheme Table of documents incorporated in this scheme List of amendments to this scheme
INCORPORATED DOCUMENTS
80 81 81.01
LIST OF AMENDMENTS
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21/09/2009 VC60
USER GUIDE
What is a planning scheme? A planning scheme sets out policies and requirements for the use, development and protection of land. There is a planning scheme for every municipality in Victoria.
1.
2.
Who is affected by this planning scheme? All people and corporations must comply with this scheme. Every State Minister, government department, public authority and municipal council must also comply unless specifically exempted by the Government.
3.
What does this scheme consist of? This scheme consists of a written document and any maps, plans or other documents incorporated in it (see Clause 81). It contains
The objectives of planning in Victoria. Purposes of this planning scheme. The User Guide. A State Planning Policy Framework. A Local Planning Policy Framework. Zone and overlay provisions. Particular provisions. General provisions. Definitions. Incorporated documents
The State Planning Policy Framework covers strategic issues of State importance. It lists policies under six headings - settlement, environment, housing, economic development, infrastructure, and particular uses and development. Every planning scheme in Victoria contains this policy framework, which is identical in all schemes. The Local Planning Policy Framework contains a municipal strategic statement and local planning policies. The framework identifies long term directions about land use and development in the municipality; presents a vision for its community and other stakeholders; and provides the rationale for the zone and overlay requirements and particular provisions in the scheme. The Zone and Overlay requirements and Particular provisions show
The type of use and development allowed in each zone. Additional requirements for subdivision, buildings and works on land that is affected by an overlay. Requirements for any specific uses and development.
The General provisions provide information on the administration of this scheme and other related matters. Definitions advise on the meaning of words in this scheme.
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Effect of this planning scheme
4.
How do I use this planning scheme?
The planning scheme map The planning scheme map shows how land is zoned and whether it is affected by an overlay. This information is indicated by a letter and number code that is explained on the front page of each map: For example, R1Z stands for Residential 1 Zone. To find out the effect these requirements have on your land, it is necessary to refer to the written document. The written document Policy frameworks (Clauses 11 to 22) The State and Local Planning Policy Frameworks contain the long term directions and outcomes sought by this scheme. These are implemented through the Zone, Overlay and Particular provisions requirements. It is important to refer to both frameworks when considering the requirements of the scheme. Zone requirements (Clauses 31 to 37) A zone controls land use and development. Each zone includes a description of its purpose and the requirements that apply regarding land use, subdivision and the construction and carrying out of buildings and works. Each zone lists land uses in three sections: Section 1 Section 2 Section 3 Uses that do not require a permit. Uses that require a permit. Uses that are prohibited.
Uses that are not specifically mentioned are covered by a reference to 'any other use'. This is usually found in Section 2, but is occasionally found in Section 3. Sometimes a use in Section 1 or Section 2 must meet specified conditions. If these are not met, the use may require a permit or may be prohibited. Note that the three sections refer to the use of land, not to the development of land. Development of land includes the construction of a building, carrying out works (such as clearing vegetation), subdividing land or buildings, or displaying signs. The zones indicate whether a planning permit is required to construct a building or carry out works. Some buildings and works, such as fences and underground services, usually do not require a permit. These are listed in Clause 62 of the scheme under Uses, buildings, works, subdivisions and demolition not requiring a permit. Overlay requirements (Clauses 41 to 45) Overlays affect subdivisions, buildings and works. They operate in addition to the zone requirements and generally concern environmental, landscape, heritage, built form, and land
USER GUIDE
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and site management issues. It is essential to check whether an overlay applies to your land before commencing any use or development. Particular provisions (Clauses 51 to 56) Other planning requirements may apply to particular uses or development. These may be advertising signs, car parking or specified types of use. Such requirements are listed under Particular provisions. It is essential to check whether any of these requirements apply to your land before commencing any use or development. General provisions (Clauses 61 to 67) The general provisions provide information on:

The administration of this scheme. The operation of existing uses and land used for more than one use. Uses, buildings, works, subdivisions and demolition not requiring a permit. Matters that Council must consider before deciding on a proposal under this scheme.
Definitions (Clauses 71 to 75) Words used in this scheme have their common meaning unless they are defined in the scheme, the Planning and Environment Act 1987 or in other relevant legislation. The purpose of defining a word is to limit its meaning to a particular interpretation or to explain the meaning of a word or phrase peculiar to this scheme. You should check whether any word or term is defined to ensure you understand its meaning within the context of the scheme. If in doubt about the meaning of a word that is not defined, ask a Council planning officer for assistance. 5. How do I find out about requirements affecting my land? You should first speak to a Council planning officer to find out how this scheme affects your land. The scheme is available for inspection at your Council office, and at the Department of Sustainability and Environment, 80 Collins Street, Melbourne or its regional offices. You can also apply for a planning certificate for a particular parcel of land. This will state the planning scheme zone and overlay requirements that apply to that land as shown on the scheme map. Note that the certificate does not state the strategies or policies that apply to the land under the schemes policy frameworks. A person selling land must make a planning certificate available to a purchaser before a contract to buy the land is signed. 6. Changes to this planning scheme This scheme is not a static document and is likely to change over time. A Council planning officer can tell you if an amendment affecting your land has been prepared. This information is also shown on a planning certificate.
USER GUIDE
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Application to use or develop land
7.
The need for early discussion with Council If you propose to use or develop land, first discuss the proposal in detail with a Council planning officer. Early discussion will confirm whether a permit is necessary and identify any other requirements.
8.
Making a planning permit application If a permit is required, an Application for Planning Permit form must be filled out and lodged with responsible authority, which is usually the Council. The application must include all necessary supporting information such as plans, reports and photographs so that the proposal is fully described and can be understood by all interested parties. The Planning and Environment Act 1987 requires the payment of a fee for the processing of applications. Details of the fee can be obtained from Council. In some circumstances, the Minister for Planning or another person may administer parts of this scheme. A Council planning officer can advise you what to do in such cases.
9.
Considering and giving notice of the application In considering an application, Council will in most cases decide whether material detriment may be caused to any person and, if so, it must give them an opportunity to comment on the proposal. There are a number of ways of giving notice of an application, including notifying the owners and occupiers of nearby properties, and placing notices on the land and in a newspaper circulating in the area. With some applications, Council will seek the views of other government or public agencies before making a decision. It may also ask you to provide more information. Once any necessary advertising has been completed and other agencies have had time to comment, the application will be decided. In making its decision, Council must assess an application against the strategies and desired outcomes outlined in the schemes policy frameworks. Any other matters that the scheme specifies must also be taken into account.
10.
The decision Following consideration of your application, Council will decide to either:

Issue a permit. Issue a notice of decision to grant a permit (which gives objectors a set time in which to lodge an application for review). Refuse to grant a permit.
USER GUIDE
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A permit can be issued with or without conditions, and a proposal can only begin and continue if all the conditions on the permit are met. 11. Do I have a right to seek a review of a decision? In many cases, yes. Your rights to a review of a Council decision are usually explained in the document that conveys advice of Councils decision. Additional information on reviews of decision may be obtained from the Victorian Civil and Administrative Tribunal, Planning List, 55 King Street, Melbourne 3000 - Phone (03) 9628 9777. 12. What is the difference between building and planning permits? Planning permits must not be confused with building permits. Building permits are issued under the Victoria Building Regulations and generally relate only to the constructional aspects of a building or other development. A building permit is required in most cases involving development. You should consult a building surveyor if any building is proposed. If a planning permit is required, it must be obtained before a building permit can be issued.
Need more help?
Contact a Council planning officer if you:

Have a general enquiry about this scheme. Are unsure what requirements apply to your land. Are unsure of the steps in the planning application process. Would like to know how this scheme may be changed. Want a planning application form. Want to buy a copy of this scheme or an amendment.
Publications that may help are:

Using Victoria's Planning System VCAT Practice Notes
The planning publications can be obtained from the Department of Sustainability and Environment Planning Information Centre, 8 Nicholson Street, Melbourne 3002 - Phone (03) 9637 8151, and on the Departments web site, www.dse.vic.gov.au. VCAT publications can be obtained from the VCAT web site, www.vcat.vic.gov.au. Relevant legislation includes:

Planning and Environment Act 1987 and the Planning and Environment Regulations 1998 Victorian Civil and Administrative Tribunal Act 1998 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998
Copies of legislation are usually available for perusal at your local library or they may be purchased from Information Victoria, 356 Collins Street, Melbourne 3000 - phone toll free 1 300 366 356 or (03) 9603 9940. They are also available at the Victorian Legislation and Parliamentary Documents Home Page, www.dms.dpc.vic.gov.au.
USER GUIDE
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State Planning Policy Framework
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STATE PLANNING POLICY FRAMEWORK This section sets out the State Planning Policies which apply to all land in Victoria. These policies must be taken into account when preparing amendments to this scheme or making decisions under this scheme.
STATE PLANNING POLICY FRAMEWORK - CLAUSE 10
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INTRODUCTION, GOAL AND PRINCIPLES Introduction The purpose of State policy in planning schemes is to inform planning authorities and responsible authorities of those aspects of State level planning policy which they are to take into account and give effect to in planning and administering their respective areas. It is the State Government's expectation that planning and responsible authorities will endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development. Planning policies are directed to land use and development, as circumscribed by the Planning and Environment Act 1987, a primary objective of which is to provide for the fair, orderly, economic and sustainable use and development of land. Planning, under the Planning and Environment Act 1987, is to encompass and integrate relevant environmental, social and economic factors. It is directed towards the interests of sustainable development for the benefit of present and future generations, on the basis of relevant policy and legislation. Planning authorities and responsible authorities are responsible for the effective planning and management of land use and development in their districts for the broad interests of the community, through the preparation of strategic plans, statutory plans, development and conservation plans, development contribution plans, and other relevant plans to achieve the objectives of the Act. The State Planning Policy Framework provides a context for spatial planning and decision making by planning and responsible authorities. It is comprised of a statement of general principles for land use and development planning and specific policies dealing with sectoral issues. The specific policies encompass objectives, generic implementation techniques applying across Victoria in relation to the specified policy and geographic strategies that set out directions for particular areas. Planning and responsible authorities must take account of and give effect to both the general principles and the specific policies applicable to issues before them to ensure integrated decision-making. The State Planning Policy Framework is dynamic and will be built upon as the government develops and refines policy, and changed as the needs of the community change.
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Goal The State Planning Policy Framework seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. Principles of land use and development planning Society has various needs and expectations such as land for settlement, protection of the environment, economic well-being, various social needs, proper management of resources and infrastructure. Planning aims to meet these by addressing aspects of economic, environmental and social well-being affected by land use and development. Following are seven statements of general principles that elaborate upon the objectives of planning in Victoria and describe the factors that influence good decision-making in land use and development planning. A planning authority preparing amendments to a planning scheme or a responsible authority administering a scheme must consider these overarching and interlocking principles as well as relevant specific policies in Clauses 14 to 19.
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Settlement Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and
STATE PLANNING POLICY FRAMEWORK - CLAUSE 11 PAGE 1 OF 3
open space, commercial and community facilities and infrastructure. Planning is to recognise the need for, and as far as practicable contribute towards: Health and safety. Diversity of choice. Adaptation in response to changing technology. Economic viability. A high standard of urban design and amenity. Energy efficiency. Prevention of pollution to land, water and air. Protection of environmentally sensitive areas and natural resources. Accessibility. Land use and transport integration. 11.03-2
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Environment Environment and resource management principles for ecologically sustainable development have been established by international and national agreements. Foremost amongst the national agreements is the Inter-Governmental Agreement on the Environment, which sets out key principles for environmental policy in Australia. Other agreements include the National Strategy for Ecologically Sustainable Development, National Greenhouse Response Strategy, the National Water Quality Management Strategy, The National Strategy for the Conservation of Australias Biological Diversity and the National Forest Policy Statement. The National Environment Protection Council is preparing National Environment Protection Measures to provide a common policy framework for environmental quality throughout Australia. These national agreements, strategies and policies provide a broad framework for the development of strategies and policies at the State level to encourage sustainable land use and development. In Victoria these include State environment protection policies made under the Environment Protection Act 1970, which are binding on all sectors of the Victorian community. The Flora and Fauna Guarantee Strategy (Victorias Biodiversity, Department of Natural Resources and Environment 1997) provides a framework for conservation of biodiversity in Victoria, in the wider context of ecologically sustainable development. Victorias Native Vegetation Management a Framework for Action (Department of Natural Resources and Environment 2002), establishes the goal of Net Gain of native vegetation, and the principles for achieving this. Planning is to contribute to the protection of air, land and water quality and the conservation of natural ecosystems, resources, energy and cultural heritage. In particular, planning should: Adopt a best practice environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. Prevent environmental problems created by siting incompatible land uses close together. Help to protect the health of ecological systems and the biodiversity they support (including ecosystems, habitats, species and genetic diversity). Protect areas and sites with significant historic, architectural, aesthetic, scientific and cultural values.
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Management of resources Planning is to assist in the conservation and wise use of natural resources including energy, water, land, flora, fauna and minerals to support both environmental quality and sustainable development over the long term through judicious decisions on the location, pattern and timing of development. Integrated catchment planning for land use and resource management provides the basis for planning to protect waterways and water quality, and to minimise flood hazards, drainage infrastructure costs and downstream impacts, including on estuarine, coastal and marine environments.
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Nine regional Catchment Management Authorities have been established across the State to lead planning for catchment management and be responsible for floodplain and river management outside metropolitan Melbourne, with the Port Phillip and Westernport Catchment Management Authority having responsibility for catchments including the metropolitan area. These authorities are responsible for overseeing sustainable land and water management and natural resource development within the framework of regional catchment strategies approved by the Minister for Environment. Land Conservation Council recommendations approved by Government provide a context for management of resources on public lands and should be recognised as a significant component of integrated local area planning. When making planning decisions affecting Crown land, the role of the Department of Sustainability and Environment and Committees of Management as managers of Crown land must also be recognised. 11.03-4
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Infrastructure Planning for development of urban physical and community infrastructure should enable it to be provided in a way that is efficient, equitable, accessible and timely. Growth and redevelopment of settlements should be planned in a manner that allows for the logical and efficient provision and maintenance of infrastructure, including the setting aside of land for the construction of future transport routes. Strategic planning should facilitate efficient use of existing urban infrastructure and human services. Providers of urban infrastructure, whether public or private bodies, are to be guided by planning policies and should assist strategic land use planning. Planning authorities are to consider the use of development contributions (levies) in the funding of infrastructure.
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Economic well-being Planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential. Social needs Planning is to recognise social needs by providing land for a range of accessible community resources, such as affordable housing, places of employment, open space, and education, cultural, health and community support (mental, aged, disabled, youth and family services) facilities. Land use and development planning must support the development and maintenance of communities with adequate and safe physical and social environments for their residents, through the appropriate location of uses and developments and quality of urban design. Regional co-operation Some issues dealt with by planning and responsible authorities have impacts that extend beyond municipal boundaries. These impacts may be economic, social or environmental and particularly arise around such issues as coordinated planning for transport and water infrastructure, catchment management, including floodplain management and water quality protection, and waste management. Consistent with the objectives of local government under the Local Government Act 1989, municipal planning authorities are required to identify the potential for regional impacts in their decision-making and co-ordinate strategic planning with their neighbours and other public bodies to achieve sustainable development and effective and efficient use of resources.
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21/09/2009 VC60
METROPOLITAN DEVELOPMENT
Operation This clause provides specific objectives and strategies for Metropolitan Melbourne. These are in addition to the principles of land use and development planning in Clause 11 and the relevant specific objectives and strategies in Clauses 14 to 19. In the event that a strategy in Clauses 14 to 19 is different from a strategy set out in this clause, the strategy in this clause applies. Application This clause applies to Metropolitan Melbourne. The objectives and related strategies aim to ensure that land use and transport planning and investment always contribute to economic, social and environmental goals. The objectives and strategies also influence municipalities beyond Metropolitan Melbourne and should be taken into account where relevant. 12.01
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A more compact city
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Objective To facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities.
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Strategies
Activity centres Concentrate new development at activity centres near current infrastructure and in areas best able to cope with change. Development is to respond to its landscape, valued built form and cultural context and achieve sustainable objectives. Build up activity centres as a focus for high-quality development, activity and living for the whole community by: Developing a network of activity centres that: Comprises a range of centres that differ in size and function. Is a focus for business, shopping, working, leisure and community facilities. Provides different types of housing, including forms of higher density housing. Is connected by public transport. Maximises choice in services, employment and social interaction.
Ensuring activity centres are developed in a way that: Reduces the number of private motorised trips by concentrating activities that generate high numbers of (non-freight) trips in highly accessible locations. Encourages economic activity and business synergies.
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Broadens the mix of uses appropriate to the type of centre and needs of the population served. Provides focal points for the community. Improves access by walking, cycling and public transport to services and facilities for local and regional populations. Supports the development of the Principal Public Transport Network.
Ensuring planning for activity centres: Sets the strategic framework for the use and development of land in and around the centre and gives clear direction in relation to preferred locations for investment. Supports the role and function of the centre given its classification, the policies for housing intensification, and development of the public transport network. Improves the social, economic and environmental performance and amenity of the centre.
Broadening the base of activity in centres that are currently dominated by shopping to include a wider range of services over longer hours by: Locating significant new education, justice, community, administrative and health facilities that attract users from large geographic areas in or on the edge of Principal or Major Activity Centres with good public transport. Locating new small scale education, health and community facilities that meet local needs in or next to Neighbourhood Activity Centres.
Defining the role and function of activity centres, preferred uses, scale of development and links to the public transport system based on five classifications of activity centres comprising the Central Activities District, Principal Activity Centres, Major Activity Centres, Specialised Activity Centres and Neighbourhood Activity Centres.
Central Activities District Supporting the role of the Central Activities District as Metropolitan Melbournes largest centre of activity with the greatest variety of uses and functions including commercial, retail, housing, highly specialised personal services, education, government and tourism. Reinforcing the Central Activities District as the preferred location for activities that have State or national significance, and for activities that generate a significant number of trips from the metropolitan area and beyond.
Principal and Major Activity Centres Developing Principal and Major Activity Centres to accommodate ongoing investment and change in retail, office, service and residential markets. Ensuring Principal and Major Activity Centres: Have a mix of activities that generate high number of trips including business, retail, services and entertainment. Are well served by multiple public transport routes and are on the Principal Public Transport Network or capable of linking to that network. Have, for Principal Activity Centres, a large catchment covering several suburbs and attracting activities that meet metropolitan needs.
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Have the potential to grow and support intensive housing developments without conflicting with surrounding land-uses.
Locating new Principal and Major Activity Centres on the Principal Public Transport Network or linking them to the network as part of developing the site. Broadening the role of stand-alone centres to provide a greater mix of uses and improving linkages to the Principal Public Transport Network. Ensuring Principal Activity Centres are a focus for a range of government and community activities, services and investment and are priority locations for government investment and support. Giving priority to Principal Activity Centres for investment and the location of significant land uses where catchments overlap in any part of the network of centres. Encouraging Major Activity Centres with good public transport links to grow in preference to other centres with poor public transport links serving the same catchment.
Specialised Activity Centres Ensuring Melbourne Airport, major university campuses and key research and development precincts, including the specialised precincts of particular importance to the States innovation, are developed as Specialised Activity Centres. Reinforcing the specialised economic functions of the Specialised Activity Centres and supporting use and development consistent with the primary specialist function of the centre. Encouraging complementary mixed-uses that do not compete with nearby Principal or Major Activity Centres or inhibit the centres specialised role. Locating Specialised Activity Centres on the Principal Public Transport Network.
Neighbourhood Activity Centres Ensuring Neighbourhood Activity Centres: Have a mix of uses that meet local convenience needs. Are accessible to a viable user population by walking and cycling. Are accessible by local bus services with public transport links to Principal or Major Activity Centres. Are an important community focal point.
Encouraging higher density housing in and around Neighbourhood Activity Centres that is designed to fit the context and enhances the character of the area while providing a variety of housing options for different types of households. Providing for new Neighbourhood Activity Centres in the redevelopment of middle and outer suburbs and the development of new growth areas.
Out-of-Centre Development Ensuring that proposals or expansion of single use retail, commercial and recreational facilities outside activity centres are discouraged by giving preference to locations in or on the border of an activity centre. Ensuring that out-of-centre proposals are only considered where the proposed use or development is of net benefit to the community in the region served by the proposal.
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Discouraging large sports and entertainment facilities of metropolitan, State or national significance in out-of-centre locations unless they are on the Principal Public Transport Network and in locations that are highly accessible to their catchment of users. Housing Locate a substantial proportion of new housing in or close to activity centres and other strategic redevelopment sites that offer good access to services and transport by: Increasing the proportion of housing to be developed within the established urban area, particularly at activity centres and other strategic sites, and reduce the share of new dwellings in greenfield and dispersed development areas. Encouraging higher density housing development on sites that are well located in relation to activity centres and public transport. Ensuring housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs. Supporting opportunities for a wide range of income groups to choose housing in wellserviced locations. Identifying strategic redevelopment sites for large residential development that are: In and around the Central Activities District. In or within easy walking distance of Principal or Major Activity Centres. In or beside Neighbourhood Activity Centres that are served by public transport. On or abut tram, train, light rail and bus routes that are part of the Principal Public Transport Network and close to Principal or Major Activity Centres. In or near major modal public transport interchanges that are not in Principal or Major Activity Centres. Able to provide 10 or more dwelling units, close to activity centres and well served by public transport.
Ensuring planning for growth areas provides for a mix of housing types and higher housing densities around activity centres. Ensuring an adequate supply of redevelopment opportunities within the established urban area to reduce the pressure for fringe development. Ensuring all new development appropriately responds to its landscape, valued built form and cultural context. 12.02
10/06/2008 VC48
Better management of metropolitan growth
12.02-1
19/01/2006 VC37
Objective To locate metropolitan growth close to transport corridors and services and provide efficient and effective infrastructure to create benefits for sustainability while protecting primary production, major sources of raw materials and valued environmental areas.
PAGE 4 OF 21
12.02-2
10/06/2008 VC48
Strategies
Urban growth boundary Establish an urban growth boundary to set clear limits to Metropolitan Melbournes urban development by: Defining the urban area of Metropolitan Melbourne with an urban growth boundary to manage outward expansion, to facilitate achievement of a compact city, to protect nonurban areas and to ensure ready access to infrastructure in the key transport corridors. Defining the non-urban area of Melbourne to be retained for rural and agricultural uses, natural resources, landscape, heritage, open space and conservation values. Containing urban development within the established urban growth boundary. Any change to the urban growth boundary must only occur to reflect the needs demonstrated in the designated growth areas. Protecting the continued rural use of land within the urban growth boundary until conversion to urban use is required and the extension of urban services is approved as part of the sequencing of development. Growth areas Concentrate urban expansion into growth areas that are served by high-capacity public transport by: Encouraging new development in those growth areas best served by existing major rail lines within the Werribee, Hume, Epping, Pakenham and Cranbourne corridors. Ensuring the ongoing provision of land and supporting infrastructure and ensuring sufficient land is available to meet forecast demand. Developing growth areas that will: Implement the strategic directions within the Growth Area Framework Plans (Department of Sustainability and Environment 2006). Achieve increases in average housing density significantly higher than 10 dwellings per hectare. Deliver timely and adequate provision of public transport and local and regional infrastructure, in line with a preferred sequence of land release. Provide for significant amounts of local employment opportunities. Create a network of mixed-use activity centres and developing an urban form based on Neighbourhood Principles. Meet housing needs by providing a diversity of housing type and distribution. Restrict low-density rural residential development that would compromise future development at higher densities. Retain unique characteristics of established areas incorporated into new communities to protect and manage natural resources and areas of heritage, cultural and environmental significance. Create well planned, easy to maintain and safe streets and neighbourhoods that reduce opportunities for crime, improve perceptions of safety and increase levels of community participation.
Manage the sequence of development in growth areas so that services are available from early in the life of new communities by:
PAGE 5 OF 21
Defining preferred development sequences in growth areas to better coordinate infrastructure planning and funding. Ensuring that new land is released in growth areas in a timely fashion to facilitate coordinated and cost-efficient provision of local and regional infrastructure. Requiring new development to make a financial contribution to the provision of infrastructure such as public facilities, public transport and roads. Monitoring land supply and demand for housing and industry to ensure 15 year continuous land supply. Developing precinct structure plans consistent with the applicable Precinct Structure Plan Guidelines approved by the Minister for Planning to: Ensure greater housing choice, diversity and affordability. Develop vibrant, well serviced activity centres. Provide sustainable transport networks. Deliver accessible community facilities and infrastructure. Create multi-use, linked open space networks. Boost employment and commercial activity. Increase environmental sustainability. Green wedges Protect the green wedges of Metropolitan Melbourne from inappropriate development by: Ensuring strategic planning and land management of each green wedge area to promote and encourage its key features and related values. Supporting development in the green wedge that provides for environmental, economic and social benefits. Consolidating new residential development with existing settlements and in locations where planned services are available and green wedge area values can be protected. Planning and protecting major transport facilities that serve the wider Victorian community, such as airports and ports with their associated access corridors. Protecting important productive agricultural areas such as Werribee South, the Maribyrnong River flats, the Yarra Valley, Westernport and the Mornington Peninsula. Protecting areas of environmental, landscape and scenic value. Protecting significant resources of stone, sand and other mineral resources for extraction purposes. 12.03
19/01/2006 VC37
Networks with the regional cities
12.03-1
19/01/2006 VC37
Objective To develop Metropolitan Melbourne and the surrounding regional cites as a network of cities to provide a choice of places to live, set up business and find a job.
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12.03-2
19/01/2006 VC37
Strategies
Regional cities Promote the growth of regional cities and key towns on regional transport corridors as part of a networked cities model by: Planning and supporting regional centres of Geelong, Ballarat, Bendigo and the towns of the Latrobe Valley that are close to Metropolitan Melbourne as viable alternative urban locations to Metropolitan Melbourne. Ensuring that infrastructure services are in place so that Geelong, Ballarat, Bendigo and the towns of the Latrobe Valley and their surrounding regions are able to take advantage of opportunities for growth that will accrue from improved linkages to Metropolitan Melbourne. Encouraging planning for regional areas and cities that: Delivers an adequate supply of land for housing and industry to meet forecast growth. Ensures that new development is supported by strong transport links that provide an appropriate choice of travel. Limits the impact of urban development on non-urban areas and supports development in those areas that can accommodate growth. Protects conservation and heritage values and the surrounding natural resource base. Develops and reinforces the distinctive roles and character of each city. Fosters the development of towns around the regional cities that are on regional transport routes.
Rural residential development To control development in rural areas to protect agriculture and avoid inappropriate rural residential development by: Reducing the proportion of new housing development provided in rural areas and encouraging the consolidation in existing settlements where investment in physical and community infrastructure and services has already been made. Ensuring planning for rural living avoids or significantly reduces adverse economic, social and environmental impacts by: Maintaining the long-term sustainable use and management of existing natural resource attributes in activities such as agricultural production. Protecting existing landscape values and environmental qualities such as water quality, native vegetation, biodiversity and habitat. Minimising or avoiding property servicing costs carried by local and State governments. Discouraging development of isolated small lots in rural zones from use for rural living or other incompatible uses. Encouraging consolidation of existing isolated small lots in rural zones.
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12.04
19/01/2006 VC37
A more prosperous city
12.04-1
19/01/2006 VC37
Objective To create a strong and innovative economy.
12.04-2
19/01/2006 VC37
Strategies
Resource management Maintain access to productive natural resources and an adequate supply of well-located land for energy generation, infrastructure and industry by: Providing an adequate supply of industrial land in appropriate locations including sufficient stocks of large sites for strategic investment. Protecting natural resource-based industries, industrial land and energy infrastructure against competing and incompatible uses. Protecting the Laverton North and Dandenong heavy industrial areas from inappropriate development and maintaining adequate buffer distances from sensitive or incompatible uses. Protecting strategic deposits of sand, mineral and stone, to maintain their potential for exploitation. Protecting areas with potential to recycle water for forestry, agriculture or other uses that can use treated effluent of an appropriate quality. Encouraging manufacturing and storage industries that generate significant volumes of freight to locate close to air, rail and road freight terminals. Developing appropriate infrastructure to meet community demand for energy services and setting aside suitable land for future energy infrastructure. Ensuring adequate separation between existing and future infrastructure and residential areas. Concentrating industrial development in locations near road and rail freight networks. Preventing the loss of industrial land to uses that are better located in Principal and Major Activity Centres to ensure there is an adequate supply of industrial land for all categories of industry. Central Melbourne Strengthen Central Melbournes capital city functions and its role as the primary business, retail, sport and entertainment hub for the metropolitan area by: Maintaining and building on Central Melbournes role as a major hub of transport and communications networks and the States gateway to the global economy as Victorias largest and most varied centre of business, tourist, cultural, entertainment, research and government activities, attracting globally-oriented business activities and tourists from overseas and interstate. Improving the quality and capacity of the public transport system in Central Melbourne. Maintaining high standards of Central Melbournes parks and gardens, conference and exhibition facilities, museums, concert halls and art galleries and other public buildings and high standards of urban design.
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Locating large-scale sport and entertainment facilities of State or national significance within Central Melbourne and close to the Principal Public Transport Network with the Yarra River Precinct being Victorias premier sport, recreation and entertainment destination. Developing the Yarra River precinct as a vibrant waterfront environment for tourism, commercial and residential activity with high-quality pedestrian and cycling linkages. Retaining the Central Activities District as the prime office and retailing centre for the metropolitan areas as well as a major destination for visitors. Developing Southbank and Docklands as mixed residential and commercial precincts. Supporting research focused uses around the biotechnology research, education and production precinct centred in Parkville that are sympathetic to the character and amenity of the area. Transport and freight Further develop the key transport gateways and freight links and maintain Victorias position as the nations premier logistics centre by: Identifying and protecting options for access to, and future development at, the ports of Melbourne, Geelong and Hastings. Ensuring port areas are protected by adequate buffers to minimise land-use conflict. Improving rail freight access to ports. Ensuring that planning and development of the Fishermans Bend precinct does not jeopardise the needs of the Port of Melbourne as a working port and as one of the States most important transport gateways. Retaining the Port of Hastings as a long-term option for future port development should the ports of Melbourne and Geelong no longer meet the States needs. Protecting the regions airports from incompatible land-uses. Ensuring that in the planning of airports, land-use decisions are integrated, appropriate land-use buffers are in place and provision is made for associated businesses that service airports. Ensuring the planning of airports identifies and encourages activities that complement the role of the airport and enables the operator to effectively develop the airport to be efficient and functional and contributes to the aviation needs of the State. Protecting the curfew-free status of Melbourne Airport. Protecting the environs of Avalon Airport so it can operate as a full-size jet airport focusing on freight, training and services for the Geelong region. Preserving long-term options for a new general aviation airport south-east of Metropolitan Melbourne by ensuring urban development does not infringe on possible sites, buffer zones or flight paths. Recognising Essendon Airports current role in providing specialised functions related to aviation, freight and logistics and its potential future role as a significant employment and residential precinct that builds on the current functions. Maintaining Point Cook Airfield as an operating airport complementary to Moorabbin Airport. Recognising Moorabbin Airport as an important regional and State aviation asset by supporting its continued use as a general aviation airport, ensuring future development at the site encourages uses that support and enhance the States aviation industry and
PAGE 9 OF 21
supporting opportunities to extend activities at the airport that improve access to regional Victoria. Ensuring suitable sites for intermodal freight terminals at key locations around Metropolitan Melbourne including Tottenham, Somerton and Dandenong are protected. Improving the freight and logistics network to optimise freight handling. Innovation and knowledge economy Create opportunities for innovation and the knowledge economy within existing and emerging industries, research and education by: Encouraging the expansion and development of logistics and communications infrastructure. Supporting the development of business clusters. Promoting a physical environment that is conducive to innovation and to creative activities. Encouraging the provision of infrastructure that helps people to be innovative and creative, learn new skills and start new businesses in activity centres and near public transport. Improving access to tertiary education facilities by concentrating new facilities around existing campuses and requiring new campuses in outer suburbs to be located in Principal and Major Activity Centres or as part of Specialised Activity Centres. Developing the area around Monash University and the Synchrotron site as a Specialised Activity Centre. Improving access to community-based information and training through further developing libraries as community learning centres. Supporting well-located, appropriate and low-cost premises for not-for-profit or start-up enterprises. Telecommunications Encourage the continued deployment of broadband telecommunications services that are easily accessible by: Increasing and improving access for all sectors of the community throughout the region to the broadband telecommunications trunk network. Supporting access to transport and other public corridors for the deployment of broadband networks in order to encourage infrastructure investment and reduce investor risk. 12.05
21/09/2009 VC60
A great place to be
12.05-1
19/01/2006 VC37
Objective To create urban environments that are of better quality, safer and more functional, provide more open space and an easily recognisable sense of place and cultural identity.
PAGE 10 OF 21
12.05-2
21/09/2009 VC60
Strategies
Urban design Promote good urban design to make the environment more liveable and attractive by: Ensuring new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Requiring development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Ensuring sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality. Ensuring transport corridors integrate land use planning, urban design and transport planning and are developed and managed with particular attention to urban design aspects such as open space potential and the use of vegetation to maintain wildlife corridors and greenhouse sinks. Improving the landscape qualities, open space linkages and environmental performance in green wedges and conservation areas and non-urban areas. Cultural identity and neighbourhood character Recognise and protect cultural identity, neighbourhood character and sense of place by: Ensuring development responds and contributes to existing sense of place and cultural identity. Ensuring development recognises distinctive urban forms and layout and their relationship to landscape and vegetation. Ensuring development responds to its context and reinforces special characteristics of local environment and place by emphasising: The underlying natural landscape character. The heritage values and built form that reflect community identity. The values, needs and aspirations of the community.
Safety Improve community safety and encourage neighbourhood design that makes people feel safe by: Ensuring the design of buildings, public spaces and the mix of activities contribute to safety and perceptions of safety. Supporting initiatives that provide safer walking and cycling routes and improved safety for people using public transport. Ensuring suitable locations for police stations and fire brigade, ambulance and emergency services are provided for in or near activity centres. In newly developing areas these services should be located together. Heritage Protect heritage places and values by:
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Supporting the identification, conservation, protection and management of cultural heritage. Conserving places of Aboriginal and post contact cultural heritage significance. Encouraging appropriate development that respects established cultural heritage values. Supporting adaptive reuse of heritage buildings whose use has become redundant. Neighbourhood design Promote excellent neighbourhood design to create attractive, walkable and diverse communities by: Applying Neighbourhood Principles to the development of new areas and to major redevelopment of existing areas, to create liveable neighbourhoods. These principles include: An urban structure where networks of neighbourhoods are clustered to support larger activity centres on the Principal Public Transport Network. Compact neighbourhoods that are oriented around walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day-to-day needs. Reduced dependence on car use because public transport is easy to use, there are safe and attractive spaces for walking and cycling, and subdivision layouts allow easy movement through and between neighbourhoods. A range of lot sizes and housing types to satisfy the needs and aspirations of different groups of people. Integration of housing, workplaces, shopping, recreation and community services, to provide a mix and level of activity that attracts people, creates a safe environment, stimulates interaction and provides a lively community focus. A range of open spaces to meet a variety of needs, with links to open space networks and regional parks where possible. A strong sense of place created because neighbourhood development emphasises existing cultural heritage values, attractive built form and landscape character. Environmentally friendly development that includes improved energy efficiency, water conservation, local management of stormwater and waste water treatment, less waste and reduced air pollution. Protection and enhancement of native habitat and discouragement of the spread and planting of noxious weeds.
Comprehensively planning new areas as sustainable communities that offer highquality, frequent and safe local and regional public transport and a range of local activities for living, working and recreation. Clustering of complementary facilities in Neighbourhood Activity Centres to provide good and easy access, opportunities for co-location and the sharing of resources and support for local economic activity. Open space Improve the quality and distribution of open space and ensure long-term protection of public open space by: Applying open space planning principles to the planning and management of public open space. These principles include:
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Encouraging management plans or explicit statements of management objectives for urban parks to be developed. Ensuring exclusive occupation of parkland by community organisations is restricted to activities consistent with management objectives of the park to maximise broad community access to open space. Ensuring the provision of buildings and infrastructure is consistent with the management objectives of the park. Protecting large regional parks and significant conservation areas. Ensuring land identified as critical to the completion of open space links is transferred for open space purposes. Ensuring public access is not prevented by developments along stream banks and foreshores. Ensuring public land immediately adjoining waterways and coastlines remains in public ownership. Protecting the overall network of open space by ensuring that where there is a change in land use or in the nature of occupation resulting in a reduction of open space, the overall network of open space is protected by the addition of replacement parkland of equal or greater size and quality. Providing new parkland in growth areas and in areas that have an undersupply of parkland. Ensuring that urban open space provides for nature conservation, recreation and play, formal and informal sport, social interaction and peace and solitude. Community sports facilities should be accommodated in a way that is not detrimental to other park activities. Protecting sites and features of high scientific, nature conservation, biodiversity, heritage, geological or landscape value. Ensuring open space is designed to accommodate people of all abilities, ages and cultures.
Rectify gaps in the network of metropolitan open space by creating new parks and ensure major open space corridors are protected and enhanced by: Developing open space networks in growth areas, where existing open space is limited and demand is growing, and in the surrounding region of Metropolitan Melbourne including: Werribee River Regional Park Werribee Township Regional Park Kororoit Creek Regional Park Merri Creek Regional park Toolern Creek Regional Park Cranbourne Regional Park
Creating continuous open space links and trails along the: Western Coastal parklands (linking Point Gellibrand, Point Cook and Werribee) Merri Creek parklands (extending to Craigieburn) Maribyrnong River parklands Frankston parklands (linking existing parks from Carrum to Mornington)
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Providing long term planning protection to meet demand for future open space along the Plenty Gorge parklands, Yarra Valley parklands, Cardinia Creek parklands, Heatherton/Dingley Sandbelt parklands and Dandenong Valley parklands. Ensuring development does not compromise the Yarra River and Maribyrnong River corridors and other waterways as significant open space, recreation, aesthetic, conservation and tourism assets. Continuing the development of the lower Yarra River as a focus for sport, entertainment and leisure. Coastal areas Improve the environmental health of the bays and their catchments by: Reducing major environmental pressures associated with urban growth and development within catchments of Port Phillip Bay and Western Port by: Requiring growth area planning to protect significant natural assets. Improving the quality of stormwater entering waterways, particularly that emanating from construction sites and road development.
Improving waterway management arrangements for the whole of the Port Phillip Bay and Western Port catchments. Protect coastal and foreshore environments and improve public access and recreation facilities around Port Phillip Bay and Western Port by: Requiring coastal planning and management to be consistent with the Victorian Coastal Strategy 2002. Managing privately owned foreshore consistently with the adjoining public land. Maritime precincts Develop a network of maritime precincts around Port Phillip and Western Port that serve both local communities and visitors by: Maintaining and expanding boating and recreational infrastructure around the bays in maritime precincts at Frankston, Geelong, Hasting, Hobsons Bay, Mordialloc, Mornington, Patterson River, Portarlington, Queenscliff, St Kilda, Stony Point/Cowes and Wyndham. Providing public access to recreational facilities and activities on land and water. Supporting the development of ecotourism, tourism and major maritime events. Encouraging high quality urban design that is innovative, sustainable and integrated with surrounding areas. Supporting maritime and related industries in appropriate locations. Tourism Maintain and develop Metropolitan Melbourne as a desirable tourist destination by: Maintaining Melbourne's position as a destination in its own right and as a gateway to regional Victoria by: Facilitating local, national and global connections and alliances. Developing city precincts and promenades.
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12.06
31/10/2006 VC43
Revitalising the retail core of the Central Activities District. Nurturing artistic and cultural life. Improving public facilities, amenities and access. Maintaining city safety. Providing information and leisure services. Integrating communications systems. Improving transport infrastructure. Ensuring efficient resource use. Protecting biodiversity.
A fairer city
12.06-1
19/01/2006 VC37
Objective To provide fairer access to and distribution of social and cultural infrastructure.
12.06-2
31/10/2006 VC43
Strategies
Affordable housing Increase the supply of well-located affordable housing by: Encouraging a significant proportion of new development, including development at activity centres and strategic redevelopment sites, to be affordable for households on low to moderate incomes. Facilitating a mix of private, affordable and social housing in activity centres, strategic redevelopment sites and Transit Cities projects. Ensuring the redevelopment and renewal of public housing stock better meets community needs. Social and physical infrastructure Plan for a more equitable distribution of social infrastructure by: Identifying gaps and deficiencies in social and cultural infrastructure and encouraging their location in activity centres, especially those identified as Principal Activity Centres. Improve the coordination and timing of the installation of services and infrastructure in new development areas by: Ensuring effective working arrangements between State government agencies, nongovernment service providers and local councils to coordinate installation of infrastructure and services in new development areas. Supporting opportunities to co-locate facilities.
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Culture and the arts Develop a strong cultural environment and increase access to arts, recreation and other cultural facilities by: Encouraging a wider range of arts, cultural and entertainment facilities including cinemas, restaurants, nightclubs and live theatres, at Principal and Major Activity Centres. Reinforcing the existing major precincts for arts, sports and major events of Statewide appeal and establishing new facilities at locations well served by public transport. 12.07
19/01/2006 VC37
A greener city
12.07-1
19/01/2006 VC37
Objective To minimise impacts on the environment to create a sustainable path for future growth and development.
12.07-2
19/01/2006 VC37
Strategies
Water resources Ensure that water resources are managed in a sustainable way by: Protecting Melbournes water catchments and water supply facilities to ensure the continued availability of clean, high-quality drinking water. Encouraging the use of alternative water sources such as rainwater tanks, stormwater and recycled water by governments, developers and households. Protecting reservoirs, water mains and local storage facilities from potential contaminations. Ensuring that planning for water supply, sewerage and drainage works receives high priority in early planning for new developments. Ensuring the development of new urban areas and green spaces takes advantage of any opportunities for effluent recycling. Waste management Reduce the amount of waste generated and encourage increased reuse and recycling of waste materials by: Establishing new sites and facilities to safely manage Victorias solid hazardous waste in areas that will be viable long term and do not adversely affect sensitive land uses. Providing sufficient waste management facilities to promote recycling. Encouraging waste generators and businesses that use or recycle waste to locate near each other. Ensuring buffers for waste management facilities are protected and maintained.
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Energy use Contribute to national and international efforts to reduce energy usage and greenhouse gas emission by: Ensuring that building and subdivision design improves efficiency in energy use. Improving efficiency in energy use through greater use of renewable energy. Ensuring Victorias greenhouse sinks are protected and enhanced by controlling land clearing, containing the growth of Metropolitan Melbourne and supporting revegetation programs. Stormwater management Reduce the impact of stormwater on bays and catchments by: Supporting integrated planning of stormwater quality through a mix of on-site measures and developer contributions. Mitigating stormwater pollution from construction sites. Ensuring stormwater and groundwater entering wetlands do not have a detrimental effect on the wetlands. Incorporating water-sensitive urban design techniques into developments to: Protect and enhance natural water systems. Integrate stormwater treatment into the landscape. Protect quality of water. Reduce run-off and peak flows. Minimise drainage and infrastructure costs.
Groundwater Protect groundwater and land resources by: Preventing the establishment of incompatible land uses in aquifer recharge or saline discharge areas and in potable water catchments. Encouraging the siting, design, operation and rehabilitation of landfills to reduce impact on groundwater and surface water. Air quality Ensure that land-use and transport planning and infrastructure provision contribute to improved air quality by: Integrating transport and land-use planning to improve transport accessibility and connections. Locating key developments that generate high volumes of trips in Principal and Major Activity Centres. Providing infrastructure for public transport, walking and cycling.
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Native habitat and biodiversity Protect native habitat and areas of important biodiversity through appropriate land-use planning by: Developing regional catchment strategies to guide Landcare projects, local landscape plans and whole farm plans. Developing native vegetation management plans to achieve a net gain in native vegetation by improving and creating habitats. Protecting critically important flora and fauna habitat and important landscapes such as the coastal areas, the Dandenong and Yarra Ranges, the Yarra Valley, Western Port and the Mornington Peninsula. 12.08
19/01/2006 VC37
Better transport links
12.08-1
19/01/2006 VC37
Objective To create a more sustainable transport system by integrating land-use and transport.
12.08-2
19/01/2006 VC37
Strategies
Principal Public Transport Network Upgrade and develop the Principal Public Transport Network and local public transport services to connect activity centres and link Melbourne to the regional cities by: Establishing fast train services that serve key regional cities and townships and connect them with Principal and Major Activity Centres along the radial routes leading to Central Melbourne. Improving connections to Principal and Major Activity Centres that are not adequately serviced by the Principal Public Transport Network and public transport services and interchanges at stand alone shopping centres. Ensuring new activity centres are connected to the Principal Public Transport Network as they develop. Identifying key strategic transport corridors capable of providing fast, reliable and frequent public transport services. Supporting the Principal Public Transport Network with a comprehensive network of local public transport services. Designing local bus services to meet the need for local travel as well as providing for connections to the Principal Public Transport Network. Achieving greater use of public transport by increasing densities, maximising the use of existing infrastructure and improving the viability of the public transport operation. Improve the operation of the existing public transport network with faster, more reliable and efficient on-road and rail public transport by: Improving the movement, efficiency and reliability of the road-based public transport by road-space management measures including transit lanes, clearways, traffic-light prioritisation and stop design. Improving the rail network by identifying and treating rail red spots and expanding rail corridor speed and loading capacities.
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Transport planning Plan urban development to make jobs and community services more accessible by: Coordinating improvements to public transport, walking and cycling networks with the ongoing development and redevelopment of the urban area. Concentrating key trip generators such as higher density residential development and Principal, Major and Specialised Activity Centres on the Principal Public Transport Network. Requiring integrated transport plans to be prepared for all new major residential, commercial and industrial developments. Providing routing, bus stop and interchange arrangements for public transport services in new development areas. Providing safe pedestrian and cycling access to activity centres, public transport interchanges and other strategic redevelopment sites. Coordinate development of all transport modes to provide a comprehensive transport system by: Requiring transport system management plans for key transport corridors and for major investment proposals. Reserving land for strategic transport infrastructure. Incorporating the provision of public transport and cycling infrastructure in all major new State and local government road projects. Review transport practices, including design, construction and management, to reduce environmental impacts by: Careful selection of sites for freight generating facilities to minimise associated operational and transport impacts to other urban development and transport networks. Road network Manage the road system to achieve integration, choice and balance by developing an efficient and safe network and making the most of existing infrastructure by: Making better use of roads for all road uses through such techniques as the provision of wider footpaths, bicycle lanes, transit lanes (for buses and taxis) and specific freight routes. Selectively expanding and upgrading the road network to provide for: High-quality connections between regional cities. Upgrading of key freight routes. Ongoing development in outer suburban areas. Higher standards of on-road public transport. Improved key cross-town arterial links in the outer suburbs.
Improving road networks where public transport is not viable, and where the road development is compatible with the Neighbourhood Principles and urban design objectives. Improving roads in developing outer-suburban areas to cater for car, public transport, and freight, commercial and service users.
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Improving the management of key freight routes to make freight operations more efficient while reducing their external impacts. Ensuring that road space complements land use and is managed to meet community and business needs. Upgrading major arterial road links from Metropolitan Melbourne to regional cities. Walking and cycling Give more priority to walking and cycling in planning urban development and in managing the road system and neighbourhoods by: Ensuring Neighbourhood Activity Centres are located within convenient walking distance in the design of new subdivisions. Encouraging the use of walking and cycling by creating environments that are safe and attractive. Developing high quality pedestrian environments that are accessible to footpath-bound vehicles such as wheelchairs, prams and scooters. Developing local cycling networks and new cycling facilities that link to and complement the metropolitan-wide network of bicycle routes the Principal Bicycle Network. Providing improved facilities, particularly storage, for cyclists at public transport interchanges and rail stations. Providing bicycle end of trip facilities in commercial buildings. Promote the use of sustainable personal transport options by: Ensuring development provides opportunities to create more sustainable transport options such as walking, cycling and public transport. 12.09
21/09/2009 VC60
Geographic strategies Decision making by planning and responsible authorities must have regard to the following incorporated documents (as relevant): Activity Centres and Principal Public Transport Network Plan (2003). Growth Area Framework Plans (Department of Sustainability and Environment 2006) and the following reference documents (as relevant): Melbourne 2030 Planning for Sustainable Growth (Department of Infrastructure 2002). The applicable Precinct Structure Plan Guidelines approved by the Minister for Planning. Upper Yarra Valley and Dandenong Ranges Region - Regional Strategy Plan (1996). Port Phillip and Westernport Regional Catchment Strategy (Port Phillip Regional Catchment and Land Protection Board 1997). Victorian Coastal Strategy (Victorian Coastal Council 2002). Victorian Heritage Strategy (Heritage Victoria 2000). Linking People and Spaces: A Strategy for Melbournes Open Space Network (Parks Victoria 2002). Growing Victoria Together (Department of Premier and Cabinet 2001).
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The Victorian Greenhouse Strategy (Department of Natural Resources and Environment 2002). Flora and Fauna Guarantee Strategy: Victorias Biodiversity (Department of Natural Resources and Environment 1997). Maribyrnong River Vision for Recreational and Tourism Development (Melbourne Parks and Waterways 1996). Public Transport Guidelines for Land Use and Development (Department of Transport 2008). Our Bays Vision: The Bays and Maritime Initiative (Parks Victoria 2009) Boating Coastal Action Plan (Central Coastal Board 2007)
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13
19/01/2006 VC37
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PAGE 1 OF 1
14
15/09/2008 VC49
SETTLEMENT
14.01
15/09/2008 VC49
Planning for urban settlement
14.01-1
19/01/2006 VC37
Objective To ensure a sufficient supply of land is available for residential, commercial, industrial, recreational, institutional and other public uses. To facilitate the orderly development of urban areas.
14.01-2
15/09/2008 VC49
General implementation Planning authorities should plan to accommodate projected population growth over at least a 10 year period, taking account of opportunities for redevelopment and intensification of existing urban areas as well as the limits of land capability and natural hazards, environmental quality and the costs of providing infrastructure. In planning for urban growth, planning authorities should encourage consolidation of existing urban areas while respecting neighbourhood character. Planning authorities should encourage higher density and mixed use development near public transport routes. Planning authorities should facilitate the orderly development of developing urban areas through the preparation of structure plans or precinct structure plans. The plans should take into account the strategic and physical context of the location, provide for the development of sustainable and liveable urban areas in an integrated manner, facilitate the development of walkable neighbourhoods and facilitate the logical and efficient provision of infrastructure. Structure plans may consist of a hierarchy of plans that provide the broad planning framework for an area as well as the more detailed planning requirements for neighbourhoods and precincts within an area. Planning authorities should facilitate the preparation of a hierarchy of plans appropriate for the development of an area. Precinct structure plans for land in the Urban Growth Zone are to be prepared in accordance with the applicable Precinct Structure Planning Guidelines approved by the Minister for Planning. Responsible authorities should use any relevant structure plan or precinct structure plan in considering applications for subdivision. Environmentally sensitive areas with significant recreational value such as the Dandenong and Macedon Ranges, the Upper Yarra Valley, Western Port and Port Phillip Bays and their foreshores, the Mornington Peninsula, the Yarra and Maribyrnong Rivers and the Merri Creek, the Grampians, the Gippsland Lakes and its foreshore, the coastal areas and their foreshores and the Alpine areas as well as nominated urban conservation areas, historic buildings and precincts should be protected from development which would diminish their environmental conservation or recreation values. Decision making by planning and responsible authorities must be consistent with any relevant requirements of State environment protection policies and waste management policies.
14.01-3
19/01/2006 VC37
Geographic strategies In planning for urban growth, planning authorities should have particular regard to the Victorian Government population projections and land supply estimates.
STATE PLANNING POLICY FRAMEWORK CLAUSE 14
PAGE 1 OF 1
15
21/09/2009 VC60
ENVIRONMENT
15.01
21/09/2009 VC60
Protection of catchments, waterways and groundwater
15.01-1
19/01/2006 VC37
Objective To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment. General implementation Decision-making by planning and responsible authorities must be consistent with any relevant requirements of State environment protection policy (Waters of Victoria). Catchment planning and management Planning authorities must have regard to relevant aspects of: Any regional catchment strategies approved under the Catchment and Land Protection Act 1994 and any associated implementation plan or strategy, including regional river health strategies, regional wetland plans, regional vegetation plans, regional drainage plans, regional development plans, catchment action plans, landcare plans, and management plans for roadsides, soil, salinity, water quality and nutrients, floodplains, heritage rivers, river frontages and waterways. Any Action Statements and management plans prepared under the Flora and Fauna Guarantee Act 1988. Any special area plans approved under the Catchment and Land Protection Act 1994. Planning and responsible authorities should coordinate their activities with those of the Boards of catchment management authorities appointed under the Catchment and Land Protection Act 1994 and consider any relevant management plan or works program approved by a catchment management authority. Planning and responsible authorities should consider the impacts of catchment management on downstream water quality and freshwater, coastal and marine environments and, where possible should encourage: The retention of natural drainage corridors with vegetated buffer zones at least 30m wide along waterways to maintain the natural drainage function, stream habitat and wildlife corridors and landscape values, to minimise erosion of stream banks and verges and to reduce polluted surface runoff from adjacent land uses. Measures to minimise the quantity and retard the flow of stormwater runoff from developed areas. Measures, including the preservation of floodplain or other land for wetlands and retention basins, to filter sediment and wastes from stormwater prior to its discharge into waterways. Responsible authorities should ensure that works at or near waterways provide for the protection and enhancement of the environmental qualities of waterways and their instream uses and are consistent with Guidelines for Stabilising Waterways (Rural Water Commission 1991) and Environmental Guidelines for River Management Works (Department of Conservation and Environment 1990), and should have regard to any relevant regional river health program, river and wetland restoration plans or waterway and wetland management works programs approved by a catchment management authority.
15.01-2
21/09/2009 VC60
PAGE 1 OF 13
Water quality protection Planning and responsible authorities should ensure that land use activities potentially discharging contaminated runoff or wastes to waterways are sited and managed to minimise such discharges and to protect the quality of surface water and ground water resources, rivers, streams, wetlands, estuaries and marine environments. Incompatible land use activities should be discouraged in areas subject to flooding, severe soil degradation, groundwater salinity or geotechnical hazards where the land cannot be sustainably managed to ensure minimum impact on downstream water quality or flow volumes. Planning and responsible authorities should ensure land use and development proposals minimise nutrient contributions to waterways and water bodies and the potential for the development of algal blooms, consistent with the State environment protection policy (Waters of Victoria), the Victorian Nutrient Management Strategy (Government of Victoria 1995) and the Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO 1999). Responsible authorities should use appropriate measures to restrict sediment discharges from construction sites in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991), Environmental Guidelines for Major Construction Sites (EPA 1996 Publication 480) and Doing it Right on Subdivisions: Temporary Environment Protection Measures for Subdivision Construction Sites (EPA 2004 - Publication 960). Planning and responsible authorities should utilise mapped information available from the Department of Sustainability and Environment to identify the beneficial uses of groundwater resources and have regard to potential impacts on these resources of proposed land use or development. 15.01-3
21/09/2009 VC60
Geographic strategies Planning and responsible authorities should have regard to regional catchment strategies and regional river health strategies where relevant. For land adjoining the Murray River, planning and responsible authorities should consider the recommendations of the Murray River Regional Environmental Plan No 2 (REP2) of New South Wales.
15.02
21/09/2009 VC60
Floodplain management
15.02-1
21/09/2009 VC60
Objective To assist the protection of: Life, property and community infrastructure from flood hazard. The natural flood carrying capacity of rivers, streams and floodways. The flood storage function of floodplains and waterways. Floodplain areas of environmental significance or of importance to river health.
15.02-2
21/09/2009 VC60
General implementation Planning controls for areas subject to flooding should be consistent throughout the State. Flood risk must be considered in the preparation of planning schemes and land use planning decisions to avoid intensifying the impacts of flooding through inappropriately located uses and developments.
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Planning authorities should have regard to the following documents when preparing planning schemes for areas affected by flooding: Regional catchment strategies and special area plans approved by the Minister for Environment and Water. State environment protection policy (Waters of Victoria). Any floodplain management manual of policy and practice, or catchment management, river health, wetland or floodplain management strategy adopted by the relevant responsible floodplain management authority. Any best practice environmental management guidelines for stormwater adopted by the Environment Protection Authority. Land affected by flooding, including floodway areas, as verified by the relevant floodplain management authority, should be shown on planning scheme maps. Land affected by flooding is land inundated by the 1 in 100 year flood event or as determined by the floodplain management authority. Emergency facilities (including hospitals, ambulance stations, police stations, fire stations, transport facilities, communications facilities, community shelters and education centres) must be located outside the 1 in 100 year floodplain and, where possible, at levels above the height of the probable maximum flood. Developments and uses which involve the storage or disposal of environmentally hazardous industrial and agricultural chemicals or wastes and other dangerous goods (including piggeries, poultry farms, feedlots and sewage treatment plants) must not be located on floodplains unless site design and management is such that potential contact between such substances and floodwaters is prevented, without affecting the flood carrying and flood storage functions of the floodplain. 15.03
19/01/2006 VC37
Salinity
15.03-1
19/01/2006 VC37
Objective To minimise the impact of salinity and rising watertables on land uses, buildings and infrastructure in rural and urban areas and areas of environmental significance and reduce salt loads in rivers. General implementation Planning and responsible authorities should use zoning, overlay controls and permit conditions to: Promote vegetation retention and replanting in aquifer recharge areas contributing to groundwater salinity problems. Prevent inappropriate development in areas affected by groundwater salinity. Planning authorities should have regard to the following documents in planning for areas affected by salinity: A Local Government Planning Guide for Dryland Salinity (Department of Conservation and Natural Resources 1995). Any relevant regional catchment strategy and any associated implementation plan or strategy (particularly salinity management plans and regional vegetation plans), as well as special area plans approved under the Catchment and Land Protection Act 1994.
15.03-2
19/01/2006 VC37
PAGE 3 OF 13
15.04
15/09/2008 VC49
Air quality
15.04-1
19/01/2006 VC37
Objective To assist the protection and improvement of air quality. General implementation Decision-making by planning and responsible authorities must be consistent with any relevant requirements of the State environment protection policy (Air Quality Management). Planning and responsible authorities should ensure that development is not prejudiced and community amenity is not reduced by air emissions by ensuring, wherever possible, that there is suitable separation between potentially amenity reducing and sensitive land uses and developments. Consideration should be given to Recommended Buffer Distances for Industrial Residual Air Emissions (EPA 1990) to determine the extent of separation. Responsible authorities should have regard to the potential for conflict between land uses or development within a zone due to air emission impacts.
15.04-2
15/09/2008 VC49
15.05
15/09/2008 VC49
Noise abatement
15.05-1
19/01/2006 VC37
Objective To assist the control of noise effects on sensitive land uses. General implementation Planning and responsible authorities should ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area. Decision-making by planning and responsible authorities must be consistent with any relevant aspects of the following documents: State environment protection policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (in metropolitan Melbourne). Interim Guidelines for Control of Noise from Industry in Country Victoria (EPA 1989). State environment protection policy (Control of Music Noise from Public Premises) No. N-2.
15.05-2
15/09/2008 VC49
15.06
15/09/2008 VC49
Soil contamination
15.06-1
19/01/2006 VC37
Objective To ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. General implementation Ministers Direction No. 1 under the Planning and Environment Act 1987 applies to the preparation of a planning scheme or amendment which would have the effect of allowing
STATE PLANNING POLICY FRAMEWORK - CLAUSE 15 PAGE 4 OF 13
15.06-2
15/09/2008 VC49
land used or known to have been used for industry, mining or the storage of chemicals, gas, wastes or liquid fuel to be used for agriculture, public open space or a residential use, a child care centre, a pre-school centre or a primary school. In considering applications for use of land used or known to have been used for industry, mining or the storage of chemicals, gas, wastes or liquid fuel, responsible authorities should require applicants to provide adequate information on the potential for contamination to have adverse effects on the future land use. Planning and responsible authorities should have regard to the following documents when making decisions regarding contaminated land: State Environment Protection Policy - Prevention and Management of Contamination of Land (June 2002) National Environment Protection (Assessment of Site Contamination) Measure (National Environment Protection Council, 1999) Relevant Information Bulletins published by the Environment Protection Authority. 15.07
09/10/2006 VC42
Protection from wildfire
15.07-1
19/01/2006 VC37
Objective To assist the minimisation of risk to life, property, the natural environment and community infrastructure from wildfire. General implementation In consultation with relevant fire authorities, planning authorities must identify wildfire risk environments in planning schemes. Fire hazards must be considered in planning decisions affecting wildfire risk environments to avoid intensifying the risk through inappropriately located or designed uses or developments. Planning and responsible authorities must have regard to the following documents when considering land use or development in wildfire risk environments: Municipal Fire Prevention Plans. Code of Practice for Fire Management on Public Land (Department of Sustainability and Environment, Revision No. 1 February 2006). Bushfire Prone Areas (Building Control Commission and Country Fire Authority 1995). Wildfire Intensity Maps prepared by the Country Fire Authority. Building in bushfire-prone areas - CSIRO & Standards Australia (SAA HB36-1993), May 1993. Requirements for Water Supplies and Access for Subdivisions in Residential 1 and 2 and Township Zones (Country Fire Authority 2004). Planning Conditions and Guidelines for Subdivisions (Country Fire Authority 1991). Any relevant regional catchment strategy. The advice of the relevant fire authority should be sought if compliance with the above codes of practice or guidelines is not likely or additional measures are believed necessary.
15.07-2
09/10/2006 VC42
PAGE 5 OF 13
15.08
18/12/2008 VC52
Coastal Areas
15.08-1
18/12/2008 VC52
Objective To protect and enhance the natural ecosystems and landscapes of the coastal estuarine and marine environment. To ensure sustainable use of natural coastal resources. To achieve development that provides an environmental, social and economic balance. To recognise and enhance the communitys value of the coast. To plan for and manage the potential coastal impacts of climate change.
15.08-2
18/12/2008 VC52
Strategies
Integrated planning for the future Land use and development planning should be coordinated with the requirements of the Coastal Management Act 1995 to: Provide clear direction for the future sustainable use of the coast, including the marine environment, for recreation, conservation, tourism, commerce and similar uses in appropriate areas. Protect and maintain areas of environmental significance. Identify suitable areas and opportunities for improved facilities. Decision-making by planning authorities and responsible authorities should apply the hierarchy of principles for coastal planning and management as set out in the Victorian Coastal Strategy 2008, which are: 1. 2. 3. Provide for the protection of significant environmental and cultural values. Undertake integrated planning and provide clear direction for the future. Ensure the sustainable use of natural coastal resources.
When the above principles have been considered and addressed: 4. Ensure development on the coast is located within existing modified and resilient environments where the demand for development is evident and the impact can be managed.
Managing coastal hazards and the coastal impacts of climate change Planning to manage coastal hazards and the coastal impacts of climate change should: Plan for sea level rise of not less than 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Apply the precautionary principle to planning and management decision-making when considering the risks associated with climate change. Ensure that new development is located and designed to take account of the impacts of climate change on coastal hazards such as the combined effects of storm tides, river flooding, coastal erosion and sand drift. Ensure that land subject to coastal hazards are identified and appropriately managed to ensure that future development is not at risk.
PAGE 6 OF 13
Avoid development in identified coastal hazard areas susceptible to inundation (both river and coastal), erosion, landslip/landslide, acid sulfate soils, wildfire and geotechnical risk. Population growth and sustainable development Planning for population growth and sustainable development should: Identify a clear settlement boundary around coastal settlements to ensure that growth in coastal areas is planned and coastal values protected. Where no settlement boundary is identified, the extent of a settlement is defined by the extent of existing urban zoned land and any land identified on a plan in the planning scheme for future urban settlement. Direct residential and other urban development and infrastructure within defined settlement boundaries of existing settlements that are capable of accommodating growth. Support a network of diverse coastal settlements which provides for a broad range of housing types, economic opportunities and services. Ensure a sustainable water supply, stormwater and sewerage treatment for all development. Encourage urban renewal and redevelopment opportunities within existing settlements to reduce the demand for urban sprawl. Avoid linear urban sprawl along the coastal edge and ribbon development within rural landscapes and protect areas between settlements for non-urban use. Encourage opportunities to restructure old and inappropriate subdivisions to reduce development impacts on the environment. Ensure development is sensitively sited and designed and respects the character of coastal settlements. Minimise the quantity and enhance the quality of storm water discharge from new development into the ocean, bays and estuaries. Promote ecological sustainable design techniques such as energy efficiency and water sensitive urban design. Avoid development on ridgelines, primary coastal dune systems and low lying coastal areas. Sustainable use, protection and management of environmental and cultural values Planning for sustainable use, protection and management of significant environmental and cultural values should: Ensure development conserves, protects and seeks to enhance coastal biodiversity and ecological values by: Encouraging revegetation of cleared land abutting coastal reserves. Maintaining the natural drainage patterns, water quality and biodiversity within and adjacent to coastal estuaries, wetlands and waterways. Avoiding disturbance of coastal acid sulfate soils.
Protect cultural heritage places, including Aboriginal places, archaeological sites and historic shipwrecks. Ensure that use and development on or adjacent to coastal foreshore Crown land:
PAGE 7 OF 13
Maintains safe, equitable public access and improves public benefit whilst protecting local environmental and social values. Demonstrates need and coastal dependency. Is located within a defined activity or recreation node.
Encourage suitably located and designed coastal and marine tourism opportunities which: Ensure that a diverse range of accommodation options and coastal experience are maintained and provided for and that sites and facilities are accessible to all. Demonstrate a tourist accommodation need and support a nature based approach within non-urban areas. Are of an appropriate scale, use and intensity relative to its location and minimises impacts on the surrounding natural visual, environmental and coastal character.
Planning for the Great Ocean Road Region In addition to the land use and development strategies above, planning for the Great Ocean Road Region should: Protect the landscape and environment by:
Protecting public land and parks and identified significant landscapes. Ensuring development responds to the identified landscape character of the area. Managing the impact of development on catchments and coastal areas.
Managing the impact of development on the environmental and cultural values of the area. Manage the growth of towns by: Respecting the character of coastal towns and promoting best practice design for new development. Directing urban growth to strategically identified areas. Encouraging environmentally sustainable development.
Improve the management of access and transport by: Managing the Great Ocean Road for tourism and regional access. Enhancing the safety and travelling experience of the Great Ocean Road. Improving the safety and operational performance of the inland routes from the Princes Highway to the Great Ocean Road. Providing travel choices to and within the region.
Encourage sustainable tourism and resource use by: Developing a network of tourism opportunities throughout the region. Supporting tourism activities that provide environmental, economic and social benefits. Supporting the land use and transport needs of key regional industries including tourism. Using natural resources with care.
15.08-3
18/12/2008 VC52
Geographic strategies Decision making by planning and responsible authorities should be consistent with: The Victorian Coastal Strategy 2008.
PAGE 8 OF 13
The Great Ocean Road Region - A Land Use and Transport Strategy (Department of Sustainability and Environment, 2004) The purpose for which land is reserved under the Crown Land (Reserves) Act 1978. Any relevant State environment protection policy. Any relevant coastal action plan or management plan approved under the Coastal Management Act 1995 or National Parks Act 1975. Any approved recommendations from the Land Conservation Council or the Victorian Environment Assessment Council. and have regard to (as relevant): The Coastal Spaces Landscape Assessment Study (Department of Sustainability and Environment, 2006). The Great Ocean Road Landscape Assessment Study (Department of Sustainability and Environment, 2004). The Siting and Design Guidelines for Structures on the Victorian Coast (Victorian Coastal Council, 1998). 15.09
16/03/2006 VC38
Conservation of native flora and fauna
15.09-1
19/01/2006 VC37
Objective To assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals. General implementation Planning authorities should have regard to The National Strategy for the Conservation of Australias Biological Diversity (Department of Environment, Sport and Territories 1996), any Strategy, relevant Governor-in-Council orders and Action Statements prepared under the Flora and Fauna Guarantee Act 1988, and any relevant regional catchment strategy and associated implementation plans and strategies, particularly regional vegetation plans and roadside management strategies, as well as special area plans approved under the Catchment and Land Protection Act 1994, when preparing planning scheme amendments or municipal strategic statements affecting native vegetation, flora, fauna, waterways or wetlands. Planning authorities should utilise mapped information available from the Department of Sustainability and Environment to identify areas of significant native vegetation and biodiversity. Decision-making by planning and responsible authorities should: Assist the protection of conservation values of national parks and conservation reserves. Assist the conservation of the habitats of threatened and endangered species and communities as identified under the Flora and Fauna Guarantee Act 1988, including communities under-represented in conservation reserves such as native grasslands, grassy woodlands and wetlands. Address potentially threatening processes identified under the Flora and Fauna Guarantee Act 1988. Assist re-establishment of links between isolated habitat remnants. Planning and responsible authorities must have regard to Victorias Native Vegetation Management A Framework for Action (Department of Natural Resources and
15.09-2
16/03/2006 VC38
PAGE 9 OF 13
Environment 2002). If a permit is required to remove native vegetation, or an amendment to this scheme or an application for subdivision could result in the removal of native vegetation, planning and responsible authorities should follow the three-step approach as defined in the Framework. This is achieved firstly, as a priority, by avoiding the removal of native vegetation; secondly, if the removal of native vegetation cannot be avoided, by minimising the loss of native vegetation through appropriate consideration in planning processes and expert input into project design or management; and thirdly, by identifying appropriate offset actions. Planning and responsible authorities must ensure that any changes in land use or development would not adversely affect the habitat values of wetlands and wetland wildlife habitats designated under the Convention on Wetlands of International Importance (the Ramsar Convention) or utilised by species designated under the Japan-Australia Migratory Birds Agreement (JAMBA) or the China-Australia Migratory Birds Agreement (CAMBA). Planning and responsible authorities should consider the potential impacts of land use and development on the spread of plant and animal pests from areas of known infestation into natural ecosystems. Responsible authorities should ensure that the siting of new buildings and works minimises the removal or fragmentation of native vegetation. Responsible authorities should encourage the use of property vegetation plans or works programs and consider the need to protect waterways and soil from degradation that may result from the loss of native vegetation and the use of voluntary conservation agreements between land owners and the Department of Sustainability and Environment. 15.10
19/01/2006 VC37
Open space
15.10-1
19/01/2006 VC37
Objective To assist creation of a diverse and integrated network of public open space commensurate with the needs of urban communities and rural areas. General implementation Planning authorities should plan for regional open space networks to be used for recreation and conservation of natural and cultural environments. Planning and responsible authorities should ensure that open space networks: Are linked through the provision of walking and cycle trails and rights of way. Are integrated with open space contributions from abutting subdivisions. Incorporate, where possible, links between major parks and activity areas, along waterways and natural drainage corridors, connecting places of natural and cultural interest, as well as maintaining public accessibility on public land immediately adjoining waterways and coasts. Planning and responsible authorities should ensure that land is set aside and developed in residential areas for local recreational use and to create pedestrian and bicycle links to commercial and community facilities. Planning and responsible authorities should ensure that land use and development adjoining regional open space networks, national parks and conservation reserves complements the open space in terms of visual and noise impacts, treatment of waste water to reduce turbidity or pollution and preservation of vegetation.
15.10-2
19/01/2006 VC37
PAGE 10 OF 13
15.11
15/09/2008 VC49
Heritage
15.11-1
19/01/2006 VC37
Objective To assist the conservation of places that have natural, environmental, aesthetic, historic, cultural, scientific or social significance or other special value important for scientific and research purposes, as a means of understanding our past, as well as maintaining and enhancing Victorias image and making a contribution to the economic and cultural growth of the State. General implementation Planning and responsible authorities should identify, conserve and protect places of natural or cultural value from inappropriate development. These include: Places of botanical, zoological or other scientific importance, including national parks and conservation reserves and the habitats of rare or endangered plants and animals. Places and sites of geological, palaeontological or other scientific importance, including rock formations and fossil sites. Places of Aboriginal cultural heritage significance and historical and archaeological sites. Sites associated with the European discovery, exploration and settlement of Victoria. Important buildings, structures, parks, gardens, sites, areas, landscapes, towns and other places associated with the historic and cultural development of Victoria, including places associated with pastoral expansion, gold mining, industrial development and the economic expansion and growth of Victoria. Planning and responsible authorities should take account of the findings and recommendations of the Victorian Heritage Council and the provisions of the Heritage Act 1995. Planning authorities should have regard to Local Government Heritage Guidelines (Department of Planning and Housing 1991) when preparing planning schemes or amendments to assist the conservation and enhancement of places, sites and objects of nonAboriginal cultural heritage value. Planning and responsible authorities must take account of the requirements of the Aboriginal Heritage Act 2006.
15.11-2
15/09/2008 VC49
15.12
19/01/2006 VC37
Energy efficiency
15.12-1
19/01/2006 VC37
Objective To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. General implementation Planning and responsible authorities should: Promote energy efficient building and subdivision design. Promote consolidation of urban development and integration of land use and transport. Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals.
15.12-2
19/01/2006 VC37
PAGE 11 OF 13
15.13
17/09/2007 VC45
Alpine areas
15.13-1
19/01/2006 VC37
Objective To protect and manage significant environmental features and ecosystems and facilitate sustainable use and development of Alpine Resorts for year round use and activity, and to provide a framework for the planning of the alpine areas. General implementation The Alpine Resorts 2020 Strategy provides a framework for the sustainable long term planning and management of Victorias six alpine resorts: Falls Creek, Lake Mountain, Mount Baw Baw, Mount Buller, Mount Hotham and Mount Stirling. Planning and responsible authorities should have regard to the strategic directions contained within the Alpine Resorts 2020 Strategy. Planning and responsible authorities, in conjunction with the Resort Management Boards, should develop, monitor and regularly review Alpine Resort Environmental Management Plans and Comprehensive Development Plans for each alpine resort, recognising their unique characteristics, constraints and opportunities. In doing so, the distinct environments, infrastructure needs and capabilities to support different activities of the alpine resorts of Falls Creek, Lake Mountain, Mt Baw Baw, Mt Buller, Mt. Hotham and Mt Stirling and other alpine areas should be considered. Planning and responsible authorities should maintain a close working relationship with Resort Management Boards recognising that ongoing implementation of approved plans and management of developments is crucial to the effective operation of the alpine resorts and protection of alpine resources. Planning authorities and responsible authorities should: Take into account the sensitive and fragile nature of the alpine environment. Ensure that there is a mixture of uses and developments to cater for users of the alpine areas in all seasons. Provide for the development of consolidated alpine villages, including a diverse range of employment, social and economic opportunities. Ensure that proposals for use and development are generally in accordance with any approved Comprehensive Development Plan and comply with any approved Alpine Resort Environmental Management Plan. Encourage best practice for low impact and environmentally sensitive management that minimise disturbance of indigenous flora and fauna and sensitive landscape in both construction and operation of all developments. Encourage best practice in design that responds to the alpine character and histories derived from Aboriginal cultural heritage and post contact European heritage including mining, logging, grazing and recreation. Planning and responsible authorities should ensure that increases in skier, pedestrian and vehicular activity in the resorts do not compromise public safety or the accessibility and capacity of skifields, services, commercial activity and development of trailheads. Planning and responsible authorities should have regard to the Alpine Development Code 1997 and to any relevant approved Land Conservation Council or Environment Conservation Council recommendations. Decision making by planning and responsible authorities should be consistent with any relevant State environment protection policy as varied form time to time.
15.13-2
17/09/2007 VC45
PAGE 12 OF 13
15.13-3
19/01/2006 VC37
Geographic Strategies In planning for Alpine areas planning authorities and responsible authorities should: Promote development for active recreation solely at Falls Creek, Lake Mountain, Mt Buffalo, Mt Baw Baw, Mt Buller and Mt Hotham. Promote intensive residential and commercial development at Falls Creek, Mt Baw Baw, Mt Buller and Mt Hotham. Maintain Mt Stirling as an all season nature based tourist, recreational and educational resource. Planning authorities should have regard to: The Memorandum of Understanding in relation to the Co-operative Management of the Australian Alps National Parks agreed to by the member states and territories of Victoria, Australian Capital Territory and New South Wales. Any approved management plans and guidelines endorsed by the Minister for Environment and Water. Alpine Resorts 2020 Strategy.
15.14
21/09/2009 VC60
Renewable energy
15.14-1
21/09/2009 VC60
Objective To promote the provision of renewable energy in a manner that ensures appropriate siting and design considerations are met. General implementation Planning should facilitate renewable energy development in appropriate locations. Planning should consider the economic and environmental benefits to the broader community of renewable energy generation and the effects on the local environment. In planning for wind energy facilities, planning should: Facilitate the consideration of wind energy development proposals; Recognise that economically viable wind energy facilities are dependent on locations with consistently strong winds over the year and that such sites may be highly localised; and must take into account the Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria, 2009. In considering proposals for renewable energy, planning and responsible authorities should have regard to the Renewable Energy Action Plan, July 2006.
15.14-2
21/09/2009 VC60
PAGE 13 OF 13
16
21/09/2009 VC60
HOUSING
16.01
19/01/2006 VC37
Residential development for single dwellings
16.01-1
19/01/2006 VC37
Objective To encourage:
Subdivisions in locations with access to physical and community infrastructure and providing a range of lot sizes, a convenient and safe road network, appropriate pedestrian and cycle paths, sufficient useable public open space and low vulnerability to fire. Residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water-sensitive design principles and encourages public transport use. Opportunities for increased residential densities to help consolidate urban areas.
16.01-2
19/01/2006 VC37
General implementation Maximum use should be made of Clause 56 to plan subdivisions for development of single houses. Medium density housing
16.02
19/01/2006 VC37
16.02-1
19/01/2006 VC37
Objective To encourage the development of well-designed medium-density housing which:

Respects the neighbourhood character. Improves housing choice. Makes better use of existing infrastructure. Improves energy efficiency of housing.
16.02-2
19/01/2006 VC37
General implementation Responsible authorities should use Clause 54 and Clause 55 in considering applications for medium-density housing. Rural living and rural residential development
16.03
21/09/2009 VC60
16.03-1
19/01/2006 VC37
Objective To identify land suitable for rural living and rural residential development. General implementation Ministers Direction No 6, Rural Residential Development applies to the preparation of planning scheme amendments to allow rural residential development.
16.03-2
21/09/2009 VC60
PAGE 1 OF 3
Land should only be zoned for rural living or rural residential development where it:
Is located close to existing towns and urban centres, but not in areas that will be required for fully serviced urban development. Can be supplied with electricity and water and good quality road access.
Land should not be zoned for rural living or rural residential development if it will encroach on high quality productive agricultural land or adversely impact on waterways or other natural resources. Planning authorities and responsible authorities, in considering proposed residential development in the vicinity of:
Cattle feedlots, should have regard to the Victorian Code for Cattle Feedlots (Department of Agriculture, Energy and Minerals, 1995). Broiler farms, should have regard to the Victorian Code for Broiler Farms 2009.
16.04
19/01/2006 VC37
Crisis accommodation and community care units
16.04-1
19/01/2006 VC37
Objective To encourage the establishment of crisis accommodation and community care units in residential areas and to ensure that their location is kept confidential. General implementation Planning schemes must not require a planning permit for or prohibit the use of a dwelling of up to 10 habitable rooms in a residential area as shared housing or crisis accommodation. Planning schemes must not identify the site of a community care unit or a dwelling used for crisis accommodation as having that use. Planning schemes must not require a permit for or prohibit the use of buildings for community care units (with accommodation for no more than 20 clients plus supervisory staff) in areas used mainly for housing.
16.04-2
19/01/2006 VC37
16.05
31/10/2006 VC43
Affordable housing
16.05-1
31/10/2006 VC43
Objective To deliver more affordable housing closer to jobs, transport and services. Strategies Improve housing affordability by:

16.05-2
31/10/2006 VC43
Ensuring land supply continues to be sufficient to meet demand. Increasing choice in housing type, tenure and cost to meet the needs of households as they move through life cycle changes and to support diverse communities. Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community.
Increase the supply of well-located affordable housing by:
PAGE 2 OF 3
Encouraging a significant proportion of new development, including development at activity centres and strategic redevelopment sites, to be affordable for households on low to moderate incomes. Facilitating a mix of private, affordable and social housing in activity centres, strategic redevelopment sites and Transit Cities projects. Ensuring the redevelopment and renewal of public housing stock better meets community needs.
16.06
15/12/2008 VC50
Residential aged care facilities
16.06-1
15/12/2008 VC50
Objective To facilitate the timely development of residential aged care facilities to meet existing and future needs. To encourage well-designed and appropriately located residential aged care facilities.
16.06-2
15/12/2008 VC50
Strategies Encourage planning for housing that:

Enables older people to live in appropriate housing in their local community. Delivers an adequate supply of land or redevelopment opportunities for residential aged care facilities. Recognises that residential aged care facilities contribute to housing diversity and choice. Recognises that residential aged care facilities are an appropriate use in a residential area. Recognises that residential aged care facilities are different to dwellings in their purpose and function, and will have a different built form (including height, scale and mass).
Planning authorities should ensure local housing strategies, precinct structure plans, and activity centre structure plans:
Provide for a mix of housing for older people with appropriate access to care and support services. Direct residential aged care facilities to locations close to services and public transport. Take into account the Commonwealth Governments planning ratios for the provision of aged care places under the Aged Care Act 1997.
Responsible authorities should ensure that:
Residential aged care facilities are located in residential areas, activity centres and strategic redevelopment areas, close to services and public transport. Proposals to establish residential aged care facilities early in the life of a growth area are in locations that will have early access to services and public transport. Residential aged care facilities are designed to respond to the site and its context. Residential aged care facilities aspire to high urban design and architectural standards.
PAGE 3 OF 3
17
21/09/2009 VC60
ECONOMIC DEVELOPMENT
17.01
19/01/2006 VC37
Activity centres
17.01-1
19/01/2006 VC37
Objective To encourage the concentration of major retail, commercial, administrative, entertainment and cultural developments into activity centres (including strip shopping centres) which provide a variety of land uses and are highly accessible to the community. General implementation Activity centres should be planned to:

17.01-2
19/01/2006 VC37
Provide a range of shopping facilities in locations which are readily accessible to the community. Incorporate and integrate a variety of land uses, including retail, office, education, human services, community facilities, recreation, entertainment and residential uses where appropriate. Provide good accessibility by all available modes of transport (particularly public transport) and safe pedestrian and cycling routes, and to encourage multi-purpose tripmaking to such centres. Facilitate ease of pedestrian movement between components of centres, public transport interchanges and parking areas. Maximise opportunities for the co-location, multiple use and sharing of facilities. Provide child care facilities to a level consistent with the role of the centres. Minimise the effects of commercial development on the amenity of residential and parkland areas, for example as a result of traffic congestion, noise or overshadowing. Provide attractive environments for community activities.
17.02
19/01/2006 VC37
Business
17.02-1
19/01/2006 VC37
Objective To encourage developments which meet communitys needs for retail, entertainment, office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. General implementation Commercial facilities should be located in existing or planned activity centres unless they are:
17.02-2
19/01/2006 VC37
New freestanding commercial developments in new residential areas which have extensive potential for population growth or will accommodate facilities that improve the overall level of accessibility for the community, particularly by public transport. New convenience shopping facilities to provide for the needs of the local population in new residential areas and within, or immediately adjacent to, existing commercial centres. Outlets of trade-related goods or services directly serving or ancillary to industry and which have adequate on-site car parking.
PAGE 1 OF 7
Cinema based entertainment facilities should be located within or on the periphery of existing or planned activity centres and should not require a permit for use in activity centre zones. Such facilities are not encouraged on freestanding sites. A five year time limit for commencement should be attached to the planning approval for all shopping centres or expansions of over 1,000 square metres in floorspace. 17.03
09/10/2006 VC42
Industry
17.03-1
19/01/2006 VC37
Objective To ensure availability of land for industry and to facilitate the sustainable development and operation of industry and research and development activity. General implementation Industrial activity in industrial zones should be protected from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability. Planning authorities should zone land for industrial development in urban growth areas where good access for employees and freight transport is available and where appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses. Planning authorities should protect the quantum of large areas of industrial land of state significance to ensure availability of land for major industrial development, particularly for industries and storage facilities that require significant threshold distances from sensitive uses. Industrial areas of state significance include but are not limited to:

17.03-2
09/10/2006 VC42
Dandenong South in the City of Greater Dandenong; Campbellfield and Somerton in the City of Hume and Thomastown in the City of Whittlesea; and Laverton North in the City of Wyndham and Derrimut in the City of Brimbank.
Existing industrial areas that include key manufacturing or processing industries; a major clustering of allied industries; key industrial infrastructure should be protected and carefully planned where possible to facilitate further industrial development. Responsible authorities should not approve non-industrial land uses which will prejudice the availability of land for future industrial requirements in industrial zones. Adequate separation and buffer areas must be provided between sensitive uses and offensive or dangerous industries and quarries to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards. Planning and responsible authorities must have regard to Recommended Buffer Distances for Industrial Residual Air Emissions (EPA 1990) and promote best practice risk and environmental management. Responsible authorities should ensure that industrial activities requiring substantial threshold distances are located in the core of suitably zoned industrial areas and encourage activities with minimal threshold requirements to locate towards the perimeter of the zone. Responsible authorities should, where possible, minimise inter-industry conflict and encourage like industries to locate within the same area. Planning and responsible authorities should consult with the Victorian WorkCover Authority on requirements for industrial land use or development under the Dangerous Goods Act 1985 and associated legislation and the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000. Industrial uses that meet appropriate standards of safety and amenity should be encouraged to locate within activity centres.
PAGE 2 OF 7
17.04
19/01/2006 VC37
Tourism
17.04-1
19/01/2006 VC37
Objective To encourage tourism development to maximise the employment and long-term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination. General implementation Planning and responsible authorities should encourage the development of a range of well designed and sited tourist facilities, including integrated resorts, motel accommodation and smaller scale operations such as host farm, bed and breakfast and retail opportunities. Facilities should have access to suitable transport and be compatible with and build upon the assets and qualities of surrounding urban or rural activities and cultural and natural attractions. Responsible authorities should use the Planning and Building Tourism from Concept to Reality: Guidelines for Planning and Developing Tourism Projects in Victoria (Tourism Victoria, 2000) in considering applications for tourist development.
17.04-2
19/01/2006 VC37
17.04-3
19/01/2006 VC37
Geographic strategies Planning and responsible authorities should have regard to any relevant regional tourism development strategy. Agriculture
17.05
19/01/2006 VC37
17.05-1
19/01/2006 VC37
Objective To ensure that the States agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use and to enable protection of productive farmland which is of strategic significance in the local or regional context. General implementation Land capability is a fundamental factor for consideration in rural land use planning. Planning authorities should consult with the Department of Primary Industries and utilise available information to identify areas of productive agricultural land. Regional and State, as well as local, issues and characteristics should be taken into account in the assessment of agricultural quality and productivity. Permanent removal of productive agricultural land from the State's agricultural base must not be undertaken without consideration of its economic importance for the agricultural production and processing sectors. Planning should support effective agricultural production and processing infrastructure, rural industry and farm-related retailing and assist genuine farming enterprises to adjust flexibly to market changes. Planning and responsible authorities should encourage sustainable land use. Planning should provide encouragement for sustainable agriculture and support and assist the development of innovative approaches to sustainable practices. Subdivision of productive agricultural land should not detract from the long-term productive capacity of the land.
17.05-2
19/01/2006 VC37
PAGE 3 OF 7
In assessing rural development proposals, planning and responsible authorities must balance the potential off-site effects of rural land use proposals (such as degradation of soil or water quality and land salinisation) which might affect productive agricultural land against the benefits of the proposals. In considering a proposal to subdivide or develop agricultural land, the following factors must be considered:

The desirability and impacts of removing the land from primary production, given its agricultural productivity. The impacts of the proposed subdivision or development on the continuation of primary production on adjacent land, with particular regard to land values and to the viability of infrastructure for such production. The compatibility between the proposed or likely development and the existing uses of the surrounding land. Assessment of the land capability.
Where inappropriate subdivisions exist on productive agricultural land, priority should be given by planning authorities to their re-structure. Planning and responsible authorities should consider the potential impacts of land use and development on the spread of plant and animal pests from areas of known infestation into agricultural areas. In considering proposals for land based aquaculture facilities, responsible authorities should have regard to the Planning Guidelines for Land Based Aquaculture in Victoria (Department of Primary Industries, No. 21, September 2005). 17.06
21/09/2009 VC60
Intensive animal industries
17.06-1
19/01/2006 VC37
Objective To facilitate the establishment and expansion of cattle feedlots, piggeries, poultry farms and other intensive animal industries in a manner consistent with orderly and proper planning and protection of the environment. General implementation In considering proposals for use and development of cattle feedlots, responsible authorities must have regard to the Victorian Code for Cattle Feedlots (Department of Agriculture, Energy and Minerals 1995). In considering proposals for use and development of piggeries, responsible authorities should have regard to the Code of Practice: Piggeries (Health Commission of Victoria and Department of Food and Agriculture 1992). In considering proposals for use and development of broiler farms, responsible authorities must have regard to the Victorian Code for Broiler Farms 2009.
17.06-2
21/09/2009 VC60
17.07
17/09/2007 VC45
Forestry and timber production
17.07-1
17/09/2007 VC45
Objective To facilitate the establishment, management and harvesting of plantations, harvesting of timber from native forests and the development of forest based industries consistent with the National Forest Policy Statement (1992) and the Plantations 2020 Vision (1997).
PAGE 4 OF 7
17.07-2
17/09/2007 VC45
General implementation Planning and responsible authorities should consider environmental, social and economic factors in planning for forestry and timber production activities, including protection of water quality and soil stability. Timber production in native forests should be conducted in an environmentally sustainable manner. Planning and responsible authorities should promote the establishment of softwood and hardwood plantations on predominantly cleared land as well as other areas subject to or contributing to land and water degradation. Planning authorities should identify areas which may be suitably used and developed for plantation timber production. Timber production (except agroforestry, windbreaks and commercial plantations of 5 hectares or less) is to be conducted in accordance with the Code of Practice for Timber Production 2007 (Department of Sustainability and Environment).
17.08
17/09/2007 VC45
Mineral resources
17.08-1
19/01/2006 VC37
Objective To protect identified mineral resources, to encourage mineral exploration and mining in accordance with acceptable environmental standards and to provide a consistent planning approval process. General implementation Planning schemes must not prohibit or require approval for mineral exploration. Mineral exploration is to be managed solely under the Mineral Resources (Sustainable Development) Act 1990. The provisions of the Planning and Environment Act 1987, the Mineral Resources (Sustainable Development) Act 1990, the Environment Protection Act 1970, the Environment Effects Act 1978, the Flora and Fauna Guarantee Act 1988 and the Aboriginal Heritage Act 2006 should be applied to mining activities in a timely and coordinated manner. Planning and responsible authorities should endeavour to maintain access to land prospective for mining where this is consistent with overall planning considerations and application of acceptable environmental practice. Planning schemes should recognise the possible need to provide mining infrastructure in urban areas with mineral deposits.
17.08-2
17/09/2007 VC45
17.08-3
19/01/2006 VC37
Geographic strategies Planning and responsible authorities in Central Gippsland must act to protect the brown coal resource and should ensure that: Changes in use and development of land overlying coal resources, as generally defined in Framework of the Future (Minister for Industry, Technology and Resources and Minister for Planning and Environment, 1987) and the Land Over Coal and Buffer Area Study (Ministry for Planning and Environment, 1988), do not compromise the winning or processing of coal. Coal-related development is adequately separated from residential or other sensitive uses and main transport corridors by buffer areas to minimise adverse effects such as noise, dust, fire, earth subsidence, and visual intrusion. Uses and development within the buffer areas are compatible with uses and development adjacent to these areas.
PAGE 5 OF 7
17.09
15/09/2008 VC49
Extractive industry
17.09-1
19/01/2006 VC37
Objective To identify and protect stone resources accessible to major markets and to provide a consistent planning approval process for extraction in accordance with acceptable environmental standards. General implementation Except for costeaning and bulk sampling activities, planning schemes must allow the use and development of land for search for stone without planning approval. Planning schemes must not prohibit extractive industry in non-urban zones, except if it is prohibited by an Act of Parliament. The provisions of the Planning and Environment Act 1987 and the Extractive Industries Development Act 1995, the Environment Protection Act 1970 relevant State environment protection policies, relevant waste management policies, the Flora and Fauna Guarantee Act 1988 and the Aboriginal Heritage Act 2006 should be applied to extractive industry activities in a timely and coordinated manner. Provision for buffer areas between new extractive industries and sensitive land uses should be determined on the following principles:
17.09-2
15/09/2008 VC49
Clearly defined buffer areas appropriate to the nature of the proposed extractive uses, which are to be owned or controlled by the proponent of an extractive industry, are specified in an application for permit. Performance standards for the buffer area are set in accordance with requirements of the Extractive Industries Development Regulations 1996 or a work authority or a permit and have regard to the zoning of the land surrounding the extractive industry. Activities within land zoned for public use may be taken into consideration in determining the buffer areas.
Provision for buffer areas between existing extractive industries and sensitive land uses should be determined on the following principles:

The buffer areas are determined so that appropriate limits on effects can be met at the sensitive locations using practical and readily available technology. The required buffers are taken into consideration if a change of land use in the vicinity of the extractive industry is proposed. Land within the buffer areas may be used for purposes that are not adversely affected by the extractive industry.
17.09-3
19/01/2006 VC37
Geographic strategies The long term protection of stone resources in Victoria is to be generally in accordance with:
Provisions and recommendations expressed in Extractive Industry Interest Area, Melbourne Supply Area Extractive Industry Interest Area Review, Geological Survey of Victoria, Technical Record 2003/2 (Department of Primary Industries 2003) for stone resources in the Melbourne Supply Area. The concept of the Extractive Industry Interest Areas expressed in Extractive Industry Interest Areas, Melbourne Supply Area Geological Survey of Victoria, Technical Record 1996/1 (Department of Natural Resources and Environment 1996) for the remainder of Victoria. Extractive Industry Interest Areas have been defined for the Ballarat, Bendigo, Geelong and Latrobe Supply Areas.
PAGE 6 OF 7
17.10
19/01/2006 VC37
Apiculture
17.10-1
19/01/2006 VC37
Objective To facilitate the use of land for apiculture including the proper location and management of bee hives for the production of honey and other apiary products and for the pollination of crops, and to ensure that the location and density of bee hives have a minimal impact on people. General implementation In considering a proposal for apiculture, responsible authorities should have regard to the Apiary Code of Practice, May 1997 and any relevant scientific reports.
17.10-2
19/01/2006 VC37
PAGE 7 OF 7
18
15/09/2008 VC49
INFRASTRUCTURE
18.01
19/01/2006 VC37
Declared highways, railways and tramways
18.01-1
19/01/2006 VC37
Objective To integrate land use and transport planning around existing and planned declared highways, railways, principal bus routes and tram lines. General implementation Transport routes should be located to achieve the greatest overall benefit to the community and with regard to making the best use of existing social, cultural and economic infrastructure, minimising impacts on the environment and optimising accessibility, safety, emergency access, service and amenity. New transport routes and adjoining land uses should be located and designed to minimise disruption of residential communities and their amenity. New uses or development of land near an existing or proposed transport route should be planned or regulated to avoid detriment to, and where possible enhance, the service, safety and amenity desirable for that transport route in the short and long terms. Higher land use densities and mixed use developments should be encouraged near railway stations, major bus terminals, transport interchanges, tramways and principal bus routes. Pedestrian access to public transport should be facilitated and safeguarded. The design of transport routes and nearby areas should be planned and regulated to achieve visual standards appropriate to the importance of the route with particular reference to landscaping, the control of outdoor advertising and, where appropriate, the provision of buffer zones and resting places. The design of transport routes must provide for grade separation at railway crossings except with the approval of the Minister for Transport.
18.01-2
19/01/2006 VC37
18.01-3
19/01/2006 VC37
Geographic strategies Planning and responsible authorities should have regard to any relevant highway strategy published by VicRoads when preparing planning scheme amendments or considering permit applications for the location of transport routes or developments that are in proximity to major transport routes. Car parking and public transport access to development
18.02
15/09/2008 VC49
18.02-1
19/01/2006 VC37
Objective To ensure access is provided to developments in accordance with forecast demand taking advantage of all available modes of transport and to minimise impact on existing transport networks and the amenity of surrounding areas. General implementation Consideration should be given to all modes of travel, including walking, cycling, public transport, taxis and private vehicles (passenger and freight) in providing for access to new developments.
18.02-2
15/09/2008 VC49
PAGE 1 OF 8
Public transport services and infrastructure should be integrated into new development having regard to the Public Transport Guidelines for Land Use and Development (Department of Transport 2008). In allocating or requiring land to be set aside for car parking, planning and responsible authorities should:
Have regard to the existing and potential modes of access including public transport, the demand for off-street car parking, road capacity and the potential for demand management of car parking. Encourage the efficient provision of car parking through the consolidation of car parking facilities.
Planning and responsible authorities should prepare or require parking precinct plans for the design and location of local car parking to:
Protect the role and function of nearby roads, enable easy and efficient use and the movement and delivery of goods. Achieve a high standard of urban design and protect the amenity of the locality, including the amenity of pedestrians and other road users. Create a safe environment for users, particularly at night. Facilitate the use of public transport.
The amenity of residential precincts should be protected from the effects of road congestion created by on-street parking. Adequate provision for taxi ranks should be planned as part of activity centres, transport interchanges and major commercial, retail and community facilities. 18.02-3
19/01/2006 VC37
Geographic strategies In the City of Melbourne, on-site car parking in the CBD and Southbank is to be limited in view of limited road capacity, good access to public transport and the need to preserve pedestrian amenity. Bicycle transport
18.03
19/01/2006 VC37
18.03-1
19/01/2006 VC37
Objective To integrate planning for bicycle travel with land use and development planning and encourage cycling as an alternative mode of travel. General implementation Wherever possible, off-road bicycle networks should be planned for in new urban development. Responsible authorities should require that adequate bicycle parking and related facilities to meet demand be provided at education, recreation, shopping and community facilities when issuing planning approvals. Bicycle facilities should be developed in accordance with Guide to Traffic Engineering Practice Part 14-Bicycles (AUSTROADS 1993).
18.03-2
19/01/2006 VC37
18.03-3
19/01/2006 VC37
Geographic strategies Planning and responsible authorities should have regard to Victoria for Bikes (State Bicycle Committee 1994) in their decision-making affecting bicycle plans, including the location of routes.
PAGE 2 OF 8
18.04
19/01/2006 VC37
Airfields
18.04-1
19/01/2006 VC37
Objective To facilitate the siting of airfields and extensions to airfields, restrict incompatible land use and development in the vicinity of airfields, and recognise and strengthen the role of airfields as focal points within the State's economic and transport infrastructure. General implementation New airfields should not be located in areas which have greater long-term value to the community for other purposes. The location of airfields, existing and potential development nearby, and the land-based transport system required to serve them should be planned as an integrated operation. The visual amenity and impact of any use or development of land on the approaches to an airfield should be planned to be consistent with the status of the airfield. Planning for areas around all airfields should:
18.04-2
19/01/2006 VC37
Preclude any new use or development which could prejudice the safety or efficiency of an airfield. Take into account the detrimental effects of aircraft operations (such as noise) in regulating and restricting the use and development of affected land. Preclude any new use or development which could prejudice future extensions to an existing airfield or aeronautical operations in accordance with an approved strategy or master plan for that airfield.
18.04-3
14/05/2007 VC30
Geographic strategies
Melbourne Airport Planning for areas around Melbourne Airport should:
Strengthen the role of Melbourne Airport as a key focal point within the State's economic and transport infrastructure. Ensure the effective and competitive operation of Melbourne Airport at both national and international levels. Ensure any new use or development does not prejudice the optimum usage of Melbourne Airport. Ensure any new use or development does not prejudice the curfew-free operation of Melbourne Airport.
Planning and responsible authorities must have regard to the Melbourne Airport Master Plan (Australia Pacific Airports (Melbourne) Pty Ltd, September 2003), the Melbourne Airport Strategy (Government of Victoria/Federal Airports Corporation, approved 1990) and its associated Final Environmental Impact Statement in relation to planning decisions affecting land in the vicinity of the Melbourne Airport. In making decisions, reference should be made to the Melbourne Airport Ultimate Capacity (2003) Australian Noise Exposure Forecast (ANEF) endorsed for technical accuracy by the Manager, Environment Monitoring Section, Air Services Australia, Canberra on 9 July 2003. Avalon Airport Planning and responsible authorities should have regard to the Avalon Airport Strategy (Department of Business and Employment/AeroSpace Technologies of Australia 1993) and its associated Aircraft Noise Exposure Concepts.
PAGE 3 OF 8
18.05
19/01/2006 VC37
Ports
18.05-1
19/01/2006 VC37
Objective To recognise the importance to Victoria of economically sustainable major ports (Melbourne, Geelong, Portland, Hastings) by planning for appropriate access, terminal areas and depot areas. To plan the land resources adjacent to ports to facilitate the efficient operation of the port and port-related uses and minimise adverse impacts on surrounding urban development and the environment.
18.05-2
19/01/2006 VC37
General implementation The land resources adjacent to ports should be protected to preserve their value for uses which depend upon or gain significant economic advantage from proximity to the ports particular shipping operations. Port and industrial development should be physically separated from sensitive urban development by the establishment of appropriate buffers which reduce the impact of vibration, intrusive lighting, noise and air emissions from port activities. Planning for the use of land adjacent to ports should aim to achieve and maintain a high standard of environmental quality, be integrated with policies for the protection of the environment generally and of marine environments in particular and take into account planning for adjacent areas and the relevant catchment.
18.05-3
19/01/2006 VC37
Geographic strategies Planning for land-based port and port-related facilities adjacent to the deep channel in the North Arm of Western Port Bay (the mainland between Hann's Inlet and Watson's Inlet and to the east of the Tyabb Fault and the Clyde Monocline) should have regard to Statement of Planning Policy No 1 - Western Port (1970-varied 1976). Planning for the future development of the Hastings port industrial area is to be undertaken in accordance with the Hastings Port Industrial Area Land Use Structure Plan (Department of Planning and Development 1996).
18.06
19/01/2006 VC37
Health facilities
18.06-1
19/01/2006 VC37
Objective To assist the integration of health facilities with local and regional communities. General implementation Planning and responsible authorities should facilitate the location of health-related facilities (including acute health, aged care, disability services and community care facilities) with consideration given to demographic trends, the existing and future demand requirements and the integration of services into communities. Consideration should be given to planning public and private developments together and to including some degree of flexibility in use. Hospitals and other large health service facilities should be located in areas highly accessible to public and private transport. Adequate car parking facilities should be provided for staff and visitors.
18.06-2
19/01/2006 VC37
PAGE 4 OF 8
18.07
19/01/2006 VC37
Education facilities
18.07-1
19/01/2006 VC37
Objective To assist the integration of education facilities with local and regional communities. General implementation Secondary and tertiary education facilities should be located in areas which are highly accessible to public transport. Primary education facilities should be located to maximise access by walking. Tertiary education facilities should be encouraged to locate within or adjacent to activity centres. In planning for the location of education facilities, planning authorities should consider demographic trends, the existing and future demand requirements and the integration of facilities into communities. In planning areas near to education facilities, adjoining streets and accessways should be designed to encourage safe bicycle and pedestrian access.
18.07-2
19/01/2006 VC37
18.08
19/01/2006 VC37
Survey infrastructure
18.08-1
19/01/2006 VC37
Objective To protect geodetic sites (survey marks) that support infrastructure projects, land development, survey, mapping and geographical information systems. General implementation Planning and responsible authorities should be aware of the location of survey marks established by the Office of the Surveyor-General and ensure that planning decisions do not prejudice their safekeeping. Water supply, sewerage and drainage
18.08-2
19/01/2006 VC37
18.09
19/01/2006 VC37
18.09-1
15/09/2008 VC49
Objective To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment. General implementation Planning and responsible authorities should ensure that water quality in water supply catchments is protected from possible contamination by urban, industrial and agricultural land uses. Urban development must be provided with sewerage at the time of subdivision, or lots created by the subdivision must be capable of adequately treating and retaining all domestic wastewater within the boundaries of each lot consistent with the Guidelines for Environmental Management - Septic Tanks Code of Practice, Publication 891 (EPA 2003) and State environment protection policy (Waters of Victoria).
18.09-2
15/09/2008 VC49
PAGE 5 OF 8
Planning and responsible authorities should ensure that:
planning for urban stormwater drainage systems considers the catchment context and is coordinated with adjacent municipalities. best environmental management practice is used where practicable in the design and management of urban stormwater drainage systems, including measures to reduce peak flows and assist screening, filtering and treatment of stormwater, to enhance flood protection and minimise impacts on water quality in receiving waters. drainage systems are protected where practicable from the intrusion of litter, in accordance with strategies set out in Victorias Litter Reduction Strategy (EPA 1995).
The re-use of wastewater including urban run-off, treated sewage effluent and run-off from irrigated farmland should be encouraged where appropriate, consistent with relevant Environment Protection Authority guidelines. 18.09-3
19/01/2006 VC37
Geographic strategies Metropolitan councils should have regard to the Litter Prevention and Control Strategy for the Greater Melbourne Area (Waste Management Council 1995). Planning and responsible authorities should have regard to the Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO 1999).
18.10
15/09/2008 VC49
Waste management
18.10-1
19/01/2006 VC37
Objective To assist control of the generation, transport and disposal of wastes so as to prevent pollution and land degradation. General implementation The siting and management of waste disposal facilities must be in accordance with Waste Management Policy (Siting, Design and Management of Landfills) and Industrial Waste Management Policy (Prescribed Industrial Waste) and relevant regional waste management plans. Geographic strategies Planning authorities should have regard to Victorias Litter Reduction Strategy (EPA 1995) and participate in the development of regional waste management plans. Planning and responsible authorities in the metropolitan area should have regard to the Litter Prevention and Control Strategy for the Greater Melbourne Area (Waste Management Council, 1995).
18.10-2
15/09/2008 VC49
18.10-3
19/01/2006 VC37
18.11
19/01/2006 VC37
High pressure pipelines
18.11-1
19/01/2006 VC37
Objective To plan for the development of pipeline infrastructure subject to the Pipelines Act 1967 to ensure that gas, oil and other substances are safely delivered to users at minimal risk to people and the environment.
PAGE 6 OF 8
18.11-2
19/01/2006 VC37
General implementation Existing transmission-pressure gas pipelines should be recognised in planning schemes and protected from further encroachment by residential development or other sensitive land uses, unless suitable additional protection of pipelines is provided. The siting of new pipelines should be planned along routes with adequate buffers to residences, zoned residential land and other sensitive land uses and with minimal impacts on waterways, wetlands, flora and fauna, erosion prone areas and other environmentally sensitive sites. Planning for pipeline easements should ensure appropriate provision for environmental management during construction and on-going operation.
18.12
17/09/2007 VC45
Developer contributions to infrastructure
18.12-1
19/01/2006 VC37
Objective To facilitate the timely provision of planned infrastructure to communities through the preparation and implementation of development contributions plans. General implementation Development Contributions Plans, prepared and approved under the Planning and Environment Act 1987, should be used to manage contributions towards infrastructure. Development contributions may be collected on the basis of an approved Development Contributions Plan. When preparing Development Contributions Plans planning authorities should have regard to the Development Contributions Guidelines (Department of Sustainability and Environment, June 2003 as amended March 2007).
18.12-2
17/09/2007 VC45
18.13
19/01/2006 VC37
Telecommunications
18.13-1
19/01/2006 VC37
Objective To recognise the importance of telecommunications to all aspect of modern life and the essential and beneficial contribution of modern telecommunications facilities to local communities and the State and national economy. General implementation Planning decisions should recognise that telecommunications is an essential utility service and, in particular, should:

18.13-2
19/01/2006 VC37
Facilitate the upgrading and maintenance of telecommunications facilities. Ensure that modern telecommunications facilities are widely accessible to business, industry and the community. Facilitate the orderly growth of telecommunications by recognising that new communications technology needs to meet the continuous and growing demand for better communications and multi-media facilities in business, domestic, entertainment and community services. Reflect the economic contribution of telecommunications through improvements in business and industrial technology, rapid communication, and helping business and industry remain competitive and provide increased employment opportunities.
PAGE 7 OF 8
Planning schemes should not prohibit the use of land for a telecommunications facility in any zone. Planning decisions should reflect a reasonable balance between the provision of important telecommunications services and the need to protect the environment from adverse impacts arising from telecommunications infrastructure. Planning decisions should reflect the national implications of a telecommunications network and the need for consistency in infrastructure design and placement. A Code of Practice for Telecommunications Facilities in Victoria should be used in the consideration of applications for the use and development of telecommunications facilities and sites.
PAGE 8 OF 8
19
15/09/2008 VC49
PARTICULAR USES AND DEVELOPMENT
19.01
17/09/2007 VC45
Subdivision
19.01-1
09/10/2006 VC42
Objective To ensure the design of subdivisions achieves attractive, livable and sustainable neighbourhoods. To control the subdivision and consolidation of land and the removal and variation of easements and restrictions through planning schemes, within the framework of the Planning and Environment Act 1987 and the Subdivision Act 1988.
19.01-2
17/09/2007 VC45
General implementation In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create livable and sustainable communities by:
Contributing to an urban structure where networks of neighbourhoods are clustered to support larger activity centres on the regional public transport network. Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs. Creating a range of open spaces to meet a variety of needs with links to open space networks and regional parks where possible. Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people. Integrating housing, work, shopping, recreation and community services to provide a mix and level of activity that attracts people, creates a safe environment, stimulates interaction and provides a lively community focus. Contributing to reducing car dependence by allowing for: public transport that is easy to use; safe and attractive spaces and networks for walking and cycling; and subdivision layouts that allow easy movement within and between neighbourhoods. Contributing to environmentally sustainable development by designing energy efficient lots, incorporating water conservation, stormwater management and waste water treatment techniques and promoting waste reduction and reduced air pollution. Contributing to an attractive built environment by creating neighbourhoods that emphasise existing cultural heritage values, well designed built form and landscape character. Protecting and enhancing native habitat and discouraging the spread and planting of noxious weeds. Being accessible to people with disabilities.
Planning schemes should enable:
Referral of applications for subdivision and plans of subdivision to relevant statutory authorities and relevant Government agencies responsible for water, sewerage, drainage, electricity, gas and telecommunications services, the management of water supply and drainage catchments, the management of fire risk areas, the allocation of water rights or access to a freeway, highway, main road, tourist road or forest road.
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The placing of open space requirements on development proposals. The removal or variation of easements and restrictions to enable use or development that complies with planning schemes after the interests of affected people are considered. The adjustment of boundaries to comply with other legislation.
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Design and built form
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Objective To achieve high quality urban design and architecture that:

Reflects the particular characteristics, aspirations and cultural identity of the community. Enhances livability, diversity, amenity and safety of the public realm. Promotes attractiveness of towns and cities within broader strategic contexts.
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General Implementation Development should achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. Responsible authorities should require that all permit applications for:
Non-residential development include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context. Residential development other than residential development of four or more storeys or which is not covered by Clause 54, Clause 55 or Clause 56 include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context. Residential development of four or more storeys include an urban context report and design response explaining how the design responds to the existing urban context and preferred future development of the area.
For development proposals for non-residential development or residential development not covered by Clause 54, Clause 55 or Clause 56, planning and responsible authorities must have regard to the following design principles: Context
Development must take into account the natural, cultural and strategic context of its location. A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing of new development.
The public realm
The public realm, which includes main pedestrian spaces, streets, squares, parks and walkways, should be protected and enhanced.
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Safety
New development should create urban environments that enhance personal safety and property security and where people feel safe to live, work and move in at any time.
Landmarks, views and vistas
Landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment.
Pedestrian spaces
Design of the relationship between buildings and footpaths and other pedestrian spaces, including the arrangement of adjoining activities, entrances, windows, and architectural decoration, should enhance the visual and social experience of the observer.
Heritage
New development should respect, but not simply copy, historic precedents and create a worthy legacy for future generations.
Consolidation of sites and empty sites
New development should contribute to the complexity and diversity of the built environment. Site consolidation should not result in street frontages that are out of keeping with the complexity and rhythm of existing streetscapes. The development process should be managed so that sites are not in an unattractive, neglected state for excessive periods and the impacts from vacant sites are minimised.
Light and shade
Enjoyment of the public realm should be enhanced by a desirable balance of sunlight and shade. This balance should not be compromised by undesirable overshadowing or exposure to the sun.
Energy and resource efficiency
All building, subdivision and engineering works should promote more efficient use of resources and energy efficiency.
Architectural quality

New development should aspire to the high standards in architecture and urban design. Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design.
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Landscape architecture
Recognition should be given to the setting in which buildings are designed and the integrating role of landscape architecture.
Planning authorities should emphasise urban design policies and frameworks for key locations or precincts. 19.03-3
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Geographic strategies Planning and responsible authorities should have regard to the following documents:
Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment 2004) in assessing the design and built form of residential development of four or more storeys. Activity Centre Design Guidelines (Department of Sustainability and Environment 2005) in preparing activity centre structure plans and in assessing the design and built form of new development in activity centres. Safer Design Guidelines for Victoria (Crime Prevention Victoria and Department of Sustainability and Environment 2005) in assessing the design and built form of new development.
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Brothels
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Objective To provide consistent planning controls for the establishment and expansion of brothels throughout Victoria coordinated with the provisions of the Prostitution Control Act 1994. General implementation Responsible authorities should consider the matters set out in section 73 of the Prostitution Control Act 1994 before deciding an application to use or develop land for a brothel. Responsible authorities should refuse a permit to use or develop land for a brothel in accordance with the restrictions contained in section 74 of the Prostitution Control Act 1994, unless section 76(2) of that Act applies. If the effect of:

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A request to amend a permit in accordance with section 87 or section 87A of the Act, or An application to amend a permit in accordance with Part 4 Division 1A of the Act, or A request to amend plans, drawings or other documents under a permit in accordance with:
section 216 of the Act, or any condition in a planning permit which allows such an amendment
is to expand or extend the use or development of a brothel, the application or request should be determined as if it were an application for a permit for use or development of land for the purposes of the operation of a brothel in accordance with Part 4 of the Prostitution Control Act 1994.
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Local Planning Policy Framework Zones
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OPERATION OF THE LOCAL PLANNING POLICY FRAMEWORK This section sets out the Municipal Strategic Statement and the Local Planning Policies that apply to the area covered by this scheme. Operation of the Municipal Strategic Statement The Municipal Strategic Statement (MSS) is a concise statement of the key strategic planning, land use and development objectives for the municipality and the strategies and actions for achieving the objectives. It furthers the objectives of planning in Victoria to the extent that the State Planning Policy Framework is applicable to the municipality and local issues. It provides the strategic basis for the application of the zones, overlays and particular provisions in the planning scheme and decision making by the responsible authority. The MSS provides an opportunity for an integrated approach to planning across all areas of council and should clearly express links to the corporate plan. The MSS is dynamic and enables community involvement in its ongoing review. The MSS will be built upon as responsible authorities develop and refine their strategic directions in response to the changing needs of the community. When preparing amendments to this scheme and before making decisions about permit applications, planning and responsible authorities must take the MSS into account.
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Operation of the Local Planning Policies Local Planning Policies are tools used to implement the objectives and strategies of the Municipal Strategic Statement. A Local Planning Policy (LPP) is a policy statement of intent or expectation. It states what the responsible authority will do in specified circumstances or the responsible authoritys expectation of what should happen. The LPP gives the responsible authority an opportunity to state its view of a planning issue and its intentions for an area. An LPP provides guidance to decision making on a day to day basis. It can help the community to understand how the responsible authority will consider a proposal. The consistent application of policy over time should achieve a desired outcome. When preparing amendments to this scheme and before making decisions about permit applications, planning and responsible authorities must take the LPPs into account.
OPERATION OF THE LOCAL PLANNING POLICY FRAMEWORK
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MUNICIPAL STRATEGIC STATEMENT
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Knox in Profile The City of Knox is a well regarded and sought after residential and business address. After experiencing rapid growth in the Municipality during the 1970s, 1980s and early 1990s, new development is now slowing. The 1996 population of the Municipality was estimated to be 136,799. This is anticipated to grow to 144,606 by 2011, and then begin to decline with the maturing of the population. The forecast population by the year 2021 is 141,894. The demographic profile highlights two main groups in the community: young families, residing predominantly in the more recently developed areas to the south and mature families and retirees residing predominantly in the north of the Municipality. Currently, 20 per cent of the population is estimated to be aged over 50 years. Population projections suggest that this is expected to double over the next 15 years to 40 per cent. This maturing of the population will have a significant impact on local economic development opportunities, and the provision of community services and social activities within Knox. The impacts of an ageing population are already evident in some parts of the Municipality with household occupancy rates declining from 3.24 in 1981 to an estimated 3.13 in 1996. (Note: this is not a direct comparison due to changes in municipal boundaries). State Government projections suggest that the average number of persons per household will decline to 2.86 by 2021. Knox provides significant accommodation for the aged, with just over 1,000 nursing home, hostel and special accommodation beds. This is approximately one bed per 120 persons in the Municipality. Whilst this appears to be a large number of beds, it is fewer in number and proportion than some older municipalities. The City of Boroondara accommodates approximately 2,400 (1 per 58 persons in the Municipality), and the City of Whitehorse accommodates approximately 1,350 (1 per 102 persons). It could be expected that there will be an increasing demand for housing for the aged, including hostel accommodation. The Australian Bureau of Statistics figures indicate that the established suburbs of Bayswater and Boronia are already ageing in population. Councils Road Strategy and capital works program also indicate that the infrastructure (especially roads and drains) in these areas is in need of repair (and in some instances replacement) due to its age. Population growth is still occurring in the newer residential areas of Rowville and Lysterfield. It is estimated that there is land available in the southern part of the Municipality to accommodate an additional 6,000 residential lots. Based on the population projections of the Department of Infrastructure (i.e. an overall declining population) it could be assumed that the majority of the population decline will occur in the established northern areas of the Municipality in the short to medium term. The future of development in Knox needs to be addressed within this varying context. The popularity of Knox as a residential and business address is, (along with a range of individual locational preferences), largely based on the attractive, leafy green, lifestyle image which Knox presents, the abundance of recreation facilities and the quality human services provided in the area. This is emphasised with the large tracts of regional park land, the nearby Dandenong Ranges, the linear parks which interconnect residential subdivisions and the Dandenong Creek which forms the western boundary of the Municipality. Along with these spaces, Knox can boast a wide range of high quality recreation and sporting facilities. The quality of these is testament to the community and Council support for sporting activities in the area. Many of these now service a broader regional community, due to their reputation as first class facilities. Knox has also developed extensive linear park networks, and bicycle links. Many of these links have been in place long before other bicycle development around Melbourne and are of superior quality to many other paths in the metropolitan area. The linear park network provides not only an important recreation resource but a significant environmental feature. The healthy waterways which traverse the Municipality provide
MUNICIPAL STRATEGIC STATEMENT - CLAUSE 21.01
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important habitat links for native flora and fauna as indicated by recent sightings of platypus in a number of local streams. Knox also provides a variety of entertainment and cultural activities. Council recognises that more opportunities for these activities are needed, particularly with a maturing population. Knox Central (which includes Knox City/Ozone Shopping Centre) is the principal activity centre for Knox serving as the civic, retail, commercial and entertainment focus of the Municipality. Knox City/Ozone Shopping Centre and, to a lesser degree, Stud Park Shopping Centre provide a regional retail and commercial function for the Municipality. Trade figures produced by Business East, the Regional Economic Development Organization, indicate that Knox has an expenditure surplus. This means that the money spent in the Municipality exceeds the available money of its residents, indicating that the centres attract custom from persons living outside the Municipality. This has important implications for the role of these centres as regional community and business focal points, as well as issues of transport and access. It is estimated that in 1996 there were 4,200 businesses in the Municipality employing 36,000 people, the majority of whom either live in Knox or in the surrounding Municipalities. The 1991 Census statistics indicated the labour force to be 62,500, suggesting that there are a considerable number of persons working outside the Municipality. The available large tracts of relatively flat serviceable land, together with a network of arterial roads, provides an opportunity for significant commerce and industrial development. Whilst two thirds of businesses in Knox employ less than 5 people, there are also a number of high profile, large scale employers. These bigger businesses present an important corporate image for Knox, both for their name and physical image, whilst smaller businesses form the core of employment and business networks in the Municipality.
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STATE AND REGIONAL CONTEXT The City of Knox sits at the foothills of the Dandenong Ranges. Its urban areas have been largely built over the past 30 years, as part of an urban growth corridor of metropolitan Melbourne. Much of this growth area is now developed, changing the profile of the Municipality from a developing to a maturing community. This regional context is shown in plan 1 while the Municipalitys local context is shown in plan 2. Factors of regional significance which impact on Knox include: Environmental and recreational significance of the Dandenong Ranges, Dandenong Creek, Churchill National Park, Dandenong Valley Parklands, the Ferny/Corhanwarrabul Creek, Blind Creek and Monbulk Creek Reserves, Lysterfield Lake Park and Police Paddocks Reserve. Major existing and potential freight links to manufacturing and transport nodes. Planned regional hospital to be constructed. The role of Knox City/Ozone Shopping Centre and, to a lesser extent, Stud Park Shopping Centre as regional retail community centres. Tourism potential associated with support infrastructure to the Yarra Valley and Dandenong Ranges. A number of broader state-based policies impact on the existing and potential development of Knox. These include: Encouragement of urban consolidation and the provision of efficient, affordable and sustainable housing, matched to community needs. Provision of linked open space and trails across the metropolitan region. Protection of natural processes, in line with state environmental protection policies for the waters, air and land. Protection of areas of natural significance, particularly waterways. Protection of buildings, places and sites of cultural and archaeological significance. Improvement of cross- metropolitan accessibility for road transport. Potential provision of development levies to fund infrastructure. Transportation and freight movement policies for the metropolitan area. The need to protect and capitalise on mineral resources in the state. Encouragement of the combined focus of transport and land use through the clustering of commercial business and residential uses around public transport nodes.
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REGIONAL CONTEXT PLAN
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LOCAL CONTEXT PLAN
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KEY INFLUENCES, OPPORTUNITIES AND CHALLENGES
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Physical Identity The physical image of Knox, including green, urban and non-urban spaces is a key attraction for the residents and businesses of Knox. Maintenance and enhancement of this image is important in order to retain and attract business and residents. Treed, low density residential areas such as those in the Dandenong foothills are recognised as a key contributor to this image. So too are the rural landscapes of the Lysterfield area and The Basin which form an important backdrop to development in the municipality. The large amount of public open space in Knox, integrated with conventional residential development, is also integral to this image. Knox provides 15.3 hectares of open space per 1000 people compared to a metropolitan average of 9.3 hectares per 1000 people.
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Infrastructure and Population Change Residents and businesses value highly the retail, community and recreational facilities in Knox. These facilities contribute to Knoxs high quality lifestyle image. The challenge will be to maintain the existing level of infrastructure in the future as the population matures and declines. In particular, the infrastructure in the more established areas to the north is in need of replacement, placing stress on the resources of Council. As families mature and household sizes decline, there will be a reduction in population density effectively reducing the number of people per square kilometre of established physical and community infrastructure. With reducing population densities, and the rate of new development slowing, the viability of infrastructure declines and its cost per household increases. State and national policies of urban consolidation suggest that opportunities for more consolidated new development and the revitalisation of older areas through medium density development will be important to maintaining physical services and community interaction as the broader trend for smaller household size continues. More flexible use and multiple use of facilities are other options for ensuring their long term viability.
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Housing With the projected maturing of the population and reduction in household size there will be demand for smaller housing with easy access to facilities and services. There will be demand for assisted living by the elderly, eg. nursing homes, and demand for housing for more independent older people, eg. retirement villages.
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Social interaction and Safety Enhancing opportunities for cultural development and social interaction are important to the community. Encouraging mixed use areas and vibrant activity centres provide opportunities to do this, however enhancing the perceived safety of urban spaces is also important to the community. Facilities which experience little usage and activity can create a sense of isolation and be perceived as a safety concern. This concern can lead to a further reduction in the use of an area, thereby reducing the informal surveillance and maintenance of the facility. This combination of factors can lead to the decline of an area. This has important social consequences in relation to reduced opportunities for social interaction and needs to be addressed as both a design and planning issue.
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Environmental sustainability and conservation The community values the natural flora and fauna of Knox and sees its preservation and enhancement important. The network of parks and open spaces along creeks, provides key environmental links for flora and fauna. In addition to public spaces, many residential areas have been developed in special landscaped areas. These include environmentally significant areas around the foothills of the Dandenong Ranges and the waters and tributaries of the Dandenong Creek. These areas require particular attention to retain their environmental and landscape qualities. Conservation of historic buildings is an important element of cultural development in Knox. The challenge is to retain and promote the upkeep of these in a way that is sympathetic to their heritage values. Viable uses need to be retained or identified to help preserve these buildings. Development of these sites and nearby land will need to consider potential impacts on the heritage values of these sites. The need to reduce the dependence on car-based travel has also been identified in Councils Conservation Strategy. Urban development must seek to assist in providing alternatives to car-based travel. Facilitating local employment for example will assist in reducing the need for car travel. Ensuring a viable population catchment for public transport is a method by which public transport use can be encouraged. The parklands and waterways are of strategic significance in their role in the integrated network of cycling and walking trails in the South East metropolitan region and provide another opportunity for reducing car travel.
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Transport and access It is recognised that there are some members of the community who need public transport to access facilities. The current low density of urban development reduces the potential viability of fixed transport systems such as new train lines or major extensions to existing tram lines. More intensive housing development around major transport nodes (e.g. railway stations) can assist in promoting a greater number of people with walking access to these transport services (and therefore greater potential usage). Access to facilities can also be enhanced by mixed use development around activity centres. Despite efforts to reduce the need for car travel for environmental and equity reasons, the road network, including the Scoresby Transport Corridor, will remain the key regional freight and commuter links, both for private and public transport. They are vital to the Citys economic vitality and development and enhancing them visually is important to the image of Knox.
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Economic development Knox contains a hierarchy of retail-based business centres which provide service business opportunities as well as retail opportunities. Knox City/Ozone Shopping Centre, at the top of this hierarchy, is a retail centre of regional significance. In addition to the social and community role of retail centres, their existing and potential role as employment centres needs to be recognised. A number of major businesses operate within the Municipality, providing important economic development opportunities and a high quality business profile for Knox. The enhancement of business estates, is important to retaining the profile sought by these businesses and the amenity expectations of residents. The interface between major roads, residential areas and industrial areas is an important design issue which impacts on the business profile of the City. The vast majority of all businesses in the City employ less than five people. Broader trends suggest that there will be a greater number of home-based and small businesses as a result of changes in technology and employment patterns. This growing sector of business has been identified in Councils Economic Development Strategy. Small businesses can be
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promoted without the need for the physical infrastructure which is demanded of traditional manufacturing businesses. This should be achieved without adversely affecting neighbourhood amenity. Broader trends in small business and home-based businesses are for clean technology-based businesses which can mix with residential and commercial uses. This interaction of land uses has social and environmental benefits as well as reducing business set-up costs. Technological change (such as facsimile machines, the Internet, e-mail, modems and home computers) also enables more business to be conducted from home. Telecommunication cables have already been installed into almost all areas of the Municipality. Global trends in activities related to the production economy have been identified for the Scoresby-Rowville area. Trends indicate that now and into the future places will specialise in one or a number of roles in the production chain, with the production process distributed right across the world. The growth of production economy related activities within Knox will also assist in broadening the Citys employment base. Primary industries are much more restricted to particular sites. Extractive industry for example is restricted to a small number of sites where a good, economically viable resource exists. It is important therefore to enable the ongoing use of extractive industry sites. The proximity of the Dandenong Ranges to Knox provides the opportunity to create local tourism employment by encouraging tourists to visit Knox whilst being in the general area. The concentration of major businesses in Knox is seen as another tourism development opportunity to cater for business travel and conference needs.
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STRATEGIC VISION AND FRAMEWORK
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Corporate plan The Knox City Council Corporate Plan (1998 - 2001) provides the following Vision and Mission: Vision The City of Knox is Melbournes premier family, work and leisure environment. The City will be characterised by: A community which feels safe and well satisfied with local government. Vibrant businesses taking up new opportunities. A responsive, innovative, energetic Council and associated services. Mission The Council exists to facilitate and provide responsive, responsible and innovative municipal lifestyle, infrastructure and support services with a reputation for excellence: Facilitating access to the basic services needed for a healthy and safe life. Promoting an attractive and healthy environment for work and leisure. Encouraging sustainable development which brings continuing prosperity. Supporting activities that add to the quality of peoples lives and their identity. Delivering the statutory responsibilities of local government. Advocating the views and needs of the people of Knox to other governments, community agencies and the private sector. Encouraging the people of Knox to contribute to decisions about the way their community works and develops.
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Land use vision The following land-use vision has been interpreted from the underlying principles of the Corporate Plan, and developed in conjunction with representatives of Council and the community. To develop and support the community of Knox by: Maintaining, enhancing and protecting the key natural, cultural and lifestyle features of the City, both economically and environmentally. Capitalising on opportunities for sustainable development which add to the economic prosperity of the City. Encouraging a greater diversity in new development which can adapt to the needs of a changing population structure. Ensuring all development promotes public spaces which are safe and well-used. Promoting a long term sustainable population base through greater opportunities for new housing within existing urban areas. To achieve this vision the following key land use themes have been identified:
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Promoting the identity and image of Knox. Facilitating and maintaining local employment. Making better use of urban facilities and services. Recognising and protecting significant natural features and cultural heritage. Enhancing the potential for lifestyle and cultural activities in the community. Facilitating effective transportation and movement in and through the municipality. Facilitating effective retail networks. Details of the objectives for each of these themes and measures to achieve the objectives are provided under each theme. The Strategic Framework Plan illustrates the key directions. 21.04-3
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Key elements of the strategic framework plan Key elements of the Strategic Framework Plan are: A clear delineation of the boundary between the urban area where urban development is appropriate and the non-urban area where urban development is inappropriate. Identification of the major open space areas in the municipality which are important for their recreational, landscape and environmental values. Identification of areas where use and development must respond to and address environmental and landscape issues. Industrial areas which are of regional economic significance and suitable for further industrial development. These include garden industrial estates and the more conventional, older industrial estates. Scoresby-Rowville Employment Precinct where high amenity production economy related activities with a primary focus on industry/technology and warehousing distribution uses are encouraged. The Scoresby Transport Corridor, a major road proposal. The potential extension of Dorset Road to provide a new road link. The existing rail line traversing the north east part of Knox. Opportunities to increase access to public transport by creating links with the rail lines and tram line to the west of Knox. The major (Category 1) roads of Knox which provide key access in the municipality and where urban design of development on adjoining land must respect the role these roads play in presenting an attractive image of Knox. The existing and proposed regional bicycle network. The network of activity centres including Knox Central Principal Activity Centre and smaller, secondary retail centres which will be the focus for mixed use development and higher density housing. The focus for restricted retail sales use and development located on the Burwood Highway. Areas which will be suitable for redevelopment in the future and which will require outline development plans to be prepared prior to redevelopment:

Nubrick brickworks, Stud Road, Scoresby. Boral quarries at Wellington Road, Lysterfield and Cathies Lane, Scoresby. Pioneer quarry at Wellington Road, Rowville.
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Clay pit south of Blind Creek. Knox City/Ozone Shopping Centre. Land surrounding the Powernet land east of Stud Road, Rowville.
Strategic links to be promoted between Knox City/Ozone Shopping Centre and commercial activity on the Burwood Highway. The gateway for tourists to the Dandenongs.
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STRATEGIC FRAMEWORK PLAN
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PROMOTING THE IDENTITY AND IMAGE OF KNOX
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Overview The attractive, green, leafy, lifestyle image which Knox presents contributes significantly to the popularity of Knox as a residential and business address. Maintenance and enhancement of this image is important in order to retain and attract business and residents. Treed, low density residential areas such as those in the Dandenong foothills are recognised as a key contributor to this image. The rural landscape of the Lysterfield area and The Basin form an important backdrop to development in the municipality. Large tracts of regional parkland, the nearby Dandenong Ranges, the linear parks which interconnect residential subdivisions and the Dandenong Creek which forms the western boundary of the Municipality, also contribute to this image. Knox provides 15.3 hectares of open space per 1000 people compared to a metropolitan average of 9.3 hectares per 1000 people. The entries to the municipality or gateways and the major traffic routes (Category 1 roads) are seen as important in creating and promoting Knoxs desirable green, leafy image. Council has been actively seeking to reinforce gateways, through improved streetscape works. Development on private land in these gateway areas and along Category 1 roads should recognise and complement the gateway significance of these locations.
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Objectives, strategies and implementation
Objectives To retain and enhance valued character elements of Knox, in particular the green, leafy image of urban areas and the rural image of non-urban areas, which give the community a sense of identity and make Knox an attractive place to live and do business in. Strategies Ensure use and development responds sympathetically to the key local characteristics which are important to an areas character. Ensure signage is appropriate to its context. Maintain and enhance the green leafy character of public open space. Maintain and enhance a high standard of urban design along major roads and entries (gateways) to the municipality. Maintain and enhance a high standard of visual amenity in industrial, business and restricted retail sales areas. Ensure that at industrial, business and residential interfaces, residential amenity is protected. Implementation These strategies will be implemented by:
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Policy and exercise of discretion Using the Neighbourhood Character Policy when considering development and works in residential areas within the City of Knox to ensure that development is responsive to the desired future character of the area, and to retain and enhance the identified elements that contribute to the character of the area. Applying the Dandenong Foothills Policy to residential and rural areas in the Dandenong foothills to ensure that use and development is sympathetic to the landscape and environmental qualities of the area. Ensuring that local character is taken into account when preparing outline development plans. Ensuring that restricted retail sales developments abutting Stud Road, Scoresby Road and Dorset Road are compatible with the residential character of those road frontages. Ensuring that buildings and works are located to protect significant vegetation identified by the Vegetation Protection Overlay. Ensuring that advertising signs do not dominate or inhibit views across the municipality to or from the: Dandenong Ranges. Lysterfield Valley. Dandenong Creek Valley. Monbulk Creek Valley. Corhanwarrabul Creek Valley. The Basin. Churchill National Park. Police Paddocks. Dandenong Valley Parklands. Directing proposals for sky signs and high wall signs to land abutting a Road Zone Category 1 or Road Zone Category 2 identified on the Strategic Framework Plan as a: Key Regional Activity Centre. Secondary Activity Centre. Garden or Older Industrial Estate. Restricted Retail Sales Area. Applying Clause 52.01 which requires a minimum 8.5% public open space contribution by some new residential subdivisions. Using the Industrial and Restricted Retail Sales Area Design and Scoresby-Rowville Employment Precinct policies to ensure high quality development along Category 1 Roads. Ensuring that the design of development on Category 1 Roads, particularly near the entries to the municipality (gateways) is of high standard. Requiring developments along Category 1 Road frontages to include landscaping which promotes the green leafy image of Knox. Using the Industrial and Restricted Retail Sales Area Design and Scoresby-Rowville Employment Precinct policies to identify amenity considerations and design measures to protect amenity.
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Ensuring consideration of the potential amenity impacts of industrial development on residential amenity where the two uses are in close proximity. Addressing residential amenity when preparing outline development plans in redevelopment areas identified on the Strategic Framework Plan. Ensuring that applications show the location of any vegetation identified by the Vegetation Protection Overlay. Applying the Knox Central Principal Activity Centre Policy to ensure that development within the Knox Central Principal Activity Centre is consistent with the Knox Central Urban Design Framework. Zones and overlays Applying the Vegetation Protection Overlay 1 to protect remnant vegetation with two or more intact strata. Applying the Vegetation Protection Overlay 2 to protect significant exotic and nonindigenous vegetation. Applying the Vegetation Protection Overlay 3 to provide interim protection for overstorey remnant vegetation during further refinement of the boundaries of this overlay. Applying the Significant Landscape Overlay Schedules 1 to 5 to the Dandenong Foothills area to protect the landscape qualities of the area. Applying the Heritage Overlay to protect specific heritage places identified in the Knox Heritage Study (1993). Applying the Design and Development Overlay to retain the characteristic low density development pattern in parts of the Dandenong foothills. Applying the Restructure Overlay 1 to specific lots in Ferndale Road, Upper Ferntree Gully to consolidate small lots to facilitate development sympathetic to the surrounding area. Applying the Restructure Overlay 2 to specific lots in Fern Road Upper Ferntree Gully to consolidate small lots to facilitate development sympathetic to the surrounding area. Applying the Restructure Overlay 3 to specific lots on Burwood Highway, Upper Ferntree Gully to consolidate small lots to facilitate development sympathetic to the surrounding area. Applying the Development Plan Overlay Schedule 6 to particular properties within the Scoresby-Rowville Employment Precinct to ensure that future development has regard to environmental issues and existing natural and built forms. Applying the Low Density Residential Zone generally to the western fringe of the Dandenong Ranges National Park, residential areas of The Basin and near the corner of Taylors Lane and Wellington Road where large residential lots contribute to the character of the area. Applying the Rural Zone to parts of Lysterfield, parts of the Monbulk Creek Valley and parts of The Basin to recognise agricultural character. Applying the Rural Living Zone to provide for residential use in the rural environment of The Basin, Lysterfield and the area near the intersection of High Street Road and Nortons Lane. Applying the Environmental Rural Zone and Development Plan Overlay 3 to land in Lysterfield to ensure that lot sizes provide for a smooth transition between conventional residential development and the non-urban area and provide for unobtrusive development and retention of remnant vegetation near a prominent ridgeline.
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Applying the Public Park and Recreation Zone to recognise public open space. Applying the Public Conservation and Resource Zone to recognise public open space which has significant natural or cultural heritage values. Further strategic work Establishing urban design guidelines for public land and new development abutting major entries and boulevards to retain and enhance the green, leafy image of Knox. Establishing urban design guidelines for public land and new development abutting major entries and Category 1 Roads. Implementing the Knox Central Urban Design Framework for the Knox Central Principal Activity Centre. Other actions Undertaking Council initiated landscape works at major gateways to the municipality. Reference documents: Knox City Council (1994), Conservation Strategy Water Ecoscience Pty Ltd, Melbourne (1998), Vegetation Assessment and Protection Strategy for the City of Knox Knox City Council (1998), Economic Development Strategy 1998-2001 Knox City Council (1989), Open Space Report Mike Scott & Associates et al (1999) City of Knox Neighbourhood Character Study, including the Addendum dated 7 December 2000. Knox City Council (2005) Knox Central Urban Design Framework
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FACILITATING AND MAINTAINING LOCAL EMPLOYMENT
21.06-1
19/01/2006 VC37
Overview The City of Knox is a well regarded and sought after residential and business address. The available large tracts of relatively flat serviceable land together with a network of arterial roads, provides an opportunity for significant commerce and industrial development. Whilst two thirds of businesses in Knox employ less than 5 people, there are also a number of high profile, large scale employers. These bigger businesses present an important corporate image for Knox, both for their name and physical image, whilst smaller businesses form the core of employment and business networks in the Municipality. Much of the industrial development in the City of Knox has been developed under detailed design controls directed since the early 1970s at providing a distinct urban character to these areas. These estates are highly regarded by the local resident and business community for the design standards set. Emerging global trends in business also need to be supported and accommodated within the City of Knox to ensure that the City maintains its broad economic base. One of the emerging global trends in industry relevant to Knox is the production economy. Production economy is the term used to describe the elongation of production chains where the production process is distributed across the globe and not necessarily concentrated in one place. This has led to an increasingly blurred distinction between production and service work, and an increase in places specialising in one or a number of roles in the production chain. Production economy related activities have no significant off site impacts and apply high environmental and operational standards that are suited to the Citys unspoilt vacant areas of industrial and commercial land. Growth in activities related to the emerging global production economy is encouraged in areas such as the Scoresby-Rowville Employment Precinct to capitalise on its current land uses, availability of land and the areas accessibility to existing and planned major transport nodes and routes. These activities will contribute to a broadening of the Citys employment opportunities and require a more flexible approach to land use and development. The Scoresby-Rowville Industrial Area Review 2000 has identified that the emerging production economy activities for the Scoresby-Rowville Employment Precinct are in the primary areas of industry/technology and/or warehousing/distribution. To boost the attractiveness of the Precinct to potential businesses and to service the needs of businesses and employees, there is a need to establish a limited commercial activity centre. The limited activity centre will be targeted solely at the needs of businesses and employees in the area, and will create a precinct that also encourages informal interaction. The enhancement of business estates, is important to retaining the profile sought by these businesses and the amenity expectations of residents. The interface between major roads, residential areas, public open space and industrial areas is an important design issue which impacts on the business profile of the City. Broader trends suggest that there will be a greater number of home-based and small businesses as a result of changes in technology and employment patterns. This growing sector of business has been identified in Councils Economic Development Strategy. Small businesses can be promoted without the need for the physical infrastructure which is demanded of traditional manufacturing businesses. There is also a trend for cleaner, technology-based businesses which can mix with residential and commercial uses. This interaction of land uses has social and environmental benefits as well as reducing business set-up costs. This should be achieved without adversely affecting neighbourhood amenity. Primary industries are restricted to particular sites. Extractive industry for example is restricted to a small number of sites where a good, economically viable resource exists. It is important therefore to enable the ongoing use of extractive sites.
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The proximity of the Dandenong Ranges to Knox provides the opportunity to create local tourism employment. The provision of tourism infrastructure for visitors to the Dandenongs is currently under-developed. Opportunities exist to develop accommodation and eating facilities which can be used by visitors to the region. The concentration of major businesses in Knox is seen as another tourism development opportunity to cater for business travel and conference needs. 21.06-2
17/07/2008 C68
Objectives To maintain and increase employment opportunities within the municipality. To support and accommodate the development of emerging global business trends within the municipality. Strategies Address the needs of businesses in Knox for future development. Implementation These strategies will be implemented by: Policy and exercise of discretion Ensuring that strategic planning provides for continued sustainable growth and development of businesses in Knox. Ensuring that economic benefits are taken into account when considering proposals. Maintaining a high standard of urban design and amenity in industrial precincts, and business parks designed for businesses seeking a high profile location. Using the Industrial and Restricted Retail Sales Area Design Policy to provide guidelines on development in the Industrial 1 Zone, Business 3 Zone and Business 4 Zone. Using the Scoresby-Rowville Employment Precinct Policy to provide guidelines on the use and development of land within the Scoresby-Rowville Employment Precinct. Using the Industrial and Restricted Retail Sales Area Design Policy to encourage an improved standard of design in the Industrial 1 Zone, Business 3 Zone and Business 4 Zone. Ensuring that the tourism benefits of proposals which are based on the opportunities presented by the municipalitys proximity to the Dandenongs and its business precincts are taken into account when considering proposals. Ensuring that a high level of residential amenity is provided in residential areas. Zones and overlays Applying industrial and business zones to land to provide opportunities for industrial and commercial development. Applying the Comprehensive Development Zone 1 to Waterford Valley to provide for the development of function/conference facilities to support local businesses.
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Applying the Special Use Zone 2 to existing quarry sites. Applying the Industrial 1 Zone to recognise existing small industrial estates. Applying the Business 1 Zone and Business 2 Zone in commercial centres to restrict industrial uses with poor amenity. Applying the Rural Zone to provide land for rural enterprises. Applying the Business 1 Zone and Business 2 Zone which encourage a range of uses in small neighbourhood centres. Applying the Business 3 Zone, Incorporate Plan Overlay and Development Plan Overlay to the Scoresby-Rowville Employment Precinct to provide for the use and development of activities related to the production economy and ensure that a high amenity is maintained. Applying the Non Residential Uses in Residential Areas Policy to encourage nonresidential uses to locate on the periphery of activity centres and major facilities. Further strategic work Drafting and implementing Structure Plans for Activity Centres, including the implementation of the Knox Central Urban Design Framework. Other actions Maintaining approval processes at best practice levels. Ensuring that infrastructure and services supporting business are maintained and developed. Collecting and providing information of assistance to businesses in Knox. Monitoring employment trends as a means of understanding local employment generation, what occupations are held and why they are located in Knox. Facilitating networking amongst local businesses. Promoting local sourcing of goods and services. Promoting key business sectors and geographic centres of activity. Supporting regional initiatives which benefit Knox. Undertaking an advocacy role for local businesses. Promoting Knox as the premier business, recreation, residential and investment location in Melbourne. Promoting the Scoresby/Rowville Employment Precinct to production economy related businesses. Promoting opportunities for home based businesses. Meeting the information, advice and communication needs of home based businesses. Ensuring home based businesses have a smooth transition to occupying other suitable premises when they have grown too large to be based at home. Reference documents Knox City Council (1998), Economic Development Strategy 1998-2001 EnviroPlan (1998), Knox Home Based Business Strategy
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Knox City Council (1994), Conservation Strategy Spiller Gibbins Swan Pty Ltd (2000), Scoresby-Rowville Industrial Area Review Knox City Council (2005) Knox Central Urban Design Framework
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21.07
17/07/2008 C68
MAKING BETTER USE OF URBAN FACILITIES AND SERVICES
21.07-1
19/01/2006 VC37
Overview This theme covers two main issues: maintaining existing levels of infrastructure and ensuring that new development can be serviced in a cost efficient way whilst protecting the environment. Maintaining existing levels of infrastructure Knox has enjoyed a high level of infrastructure per resident, contributing to Knoxs high quality lifestyle image. Much of this infrastructure is now in need of significant maintenance and in some areas replacement (e.g. Councils road strategy identifies asset maintenance needs of roads in the Municipality). In particular, the infrastructure in the more established areas to the north is in need of replacement, placing stress on the resources of Council. As families mature and household sizes decline, there will be a reduction in population density effectively reducing the number of people per square kilometre of established physical and community infrastructure. With reducing population densities, and the rate of new development slowing, the viability of infrastructure declines and its cost per household increases. State and national trends suggest that opportunities for more consolidated new development and the revitalisation of older areas through medium density development will be important to maintaining physical services and community interaction as the broader trend for smaller household size continues. More flexible use and multiple use of community facilities are other options for ensuring their long term viability. Servicing new development There is a growing awareness of the need to consider the cost of additional infrastructure, and its maintenance in considering new development in previously unserviced areas. There is also a concern that new development be adequately serviced so as not to have detrimental effects upon the environment. Poor quality infrastructure, particularly drainage and sewerage can lead to water quality problems downstream, whilst poor road systems can impact on vehicle gas emissions. Knox contains residentially zoned land which has not been subdivided and experiences pressure to subdivide rural zoned land. In the strategic planning for these areas, the economic and environmental aspects of infrastructure provision will need to be a key consideration.
21.07-2
17/07/2008 C68
Objectives To maximise the use of existing infrastructure. Strategies Concentrate new development at identified nodes of existing services. Identify land with drainage and flood constraints and ensure development responds to these constraints.
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Implementation These strategies will be implemented by: Policy and exercise of discretion Encouraging mixed residential and commercial development or residential development in the Business 2 Zone provided the design of residential development reflects its commercial context. Encouraging medium density development in the Residential 1 Zone within 500m walking distance to activity centres identified on the Strategic Framework Plan. Encouraging small businesses to locate in small neighbourhood centres provided amenity is not reduced. Requiring proponents to prepare outline or comprehensive development plans prior to consideration of proposals on unsubdivided residential zoned land and on land shown on the Strategic Framework Plan for redevelopment. Requiring provision of reticulated sewerage as a condition of planning approval. Ensuring that development within the Knox Central Principal Activity Centre is consistent with the Knox Central Urban Design Framework.
Zones and overlays Applying the Business 2 Zone and Business 5 Zone in commercial centres to encourage a mix of commercial and residential use. Applying the Residential 2 Zone in the area of redevelopment north west of Boronia Road and Wantirna Road, Wantirna, to accommodate medium or higher density residential development. Applying the Development Plan Overlay 3 in Lysterfield to ensure reticulated water supply is provided to all lots. Applying the Special Building Overlay to land affected by overland flows in storm events that exceed the capacity of the underground drainage systems. Further strategic work Drafting and implementing Structure Plans for the activity centres identified on the Strategic Framework Plan to identify additional suitable areas for medium density and mixed use development. Implementing the Knox Central Urban Design Framework for the Knox Central Principal Activity Centre. Undertaking an Urban Character Study to identify how new development can maintain and enhance urban character. Undertaking a Housing Strategy to identify the need for new housing, housing types and locations. Other actions
Reference documents:
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Knox City Council (1997), Corporate Plan 1996 1999 Knox City Council (1994), Conservation Strategy Knox City Council (1998), Economic Development Strategy 1998-2001 Knox City Council (2005), Knox Central Urban Design Framework
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21.08
17/07/2008 C68
RECOGNISING AND PROTECTING SIGNIFICANT NATURAL FEATURES AND CULTURAL HERITAGE
21.08-1
19/01/2006 VC37
Overview
Natural features Knox contains important habitats for flora and fauna and plays an important role in maintaining natural processes in the broader region. The importance of Knoxs natural assets has been documented in a number of state, regional and local studies. The local community values the natural flora and fauna of Knox and sees its preservation and enhancement important. Parklands, waterways and relatively undeveloped urban and rural areas provide locations for natural features. The protection of native vegetation, water, air and soil quality in these areas is vital to sustaining natural systems. In turn, these natural systems provide the source of clean air and water. Knox contains large parks of regional significance and a network of local parks. Regional parks include Churchill National Park and Police Paddocks Reserve to the south and the Dandenong Valley Parklands. Many of Knoxs parks are linked along waterways providing not only an important recreation resource but providing important habitat links. The parklands help to contribute to the health of waterways which traverse the Municipality (e.g. Dandenong Creek, Blind Creek, Monbulk Creek, Ferny Creek and Corhanwarrabul Creek). There have been recent sightings of platypus in a number of local streams. Knox is adjoined by areas of environmental significance such as the Dandenong Ranges National Park and contributes to the natural viability of these areas. Areas of natural vegetation also exist in residential and rural locations providing examples of remnant vegetation and valuable habitat. Cultural heritage Local heritage is an integral part of the evolution of land use in the municipality. The Knox Heritage Study (1993) has been adopted by the City of Knox for the protection of known heritage sites in the municipality. Many of these sites have been individually listed in Clause 43.01 of this scheme. The challenge is to retain and promote the upkeep of these in a way that is sympathetic to their heritage values. Viable uses need to be retained or identified to help preserve these sites. Development of these sites and nearby land will need to consider potential impacts on the heritage values of these sites. The rural landscapes of the Lysterfield Valley have been recognised by the National Trust as being of cultural heritage value. It is important that planning and development approvals within the municipality acknowledge the importance of identified heritage sites and promote their protection and enhancement. 21.08-2
17/07/2008 C68
Objectives To protect and enhance places of cultural heritage. To protect environmental features.
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Strategies Promote protection, retention, restoration, conservation and viable uses of heritage places. Ensure that environmental features are protected. Identify land with flooding issues and constraints and ensure that development responds to these environmental conditions. Implement the Knox Central Urban Design Framework Implementation These strategies will be implemented by: Policy and exercise of discretion Ensuring best practice environmental management be used in the design, construction and operation of drainage systems to reduce impacts on surface waters and ground water. Ensuring development be designed and managed to minimise the impact of urban stormwater runoff on waterways, in accordance with any best practice environmental management guidelines approved by relevant statutory authorities. Ensuring use and development is consistent with park management plans. Obtaining comment where appropriate from the Department of Natural Resources and Environment and local conservation groups when considering applications. Ensuring planning applications on sites listed in the schedule to the Heritage Overlay acknowledge the importance of the site. Ensuring planning applications on land adjoining sites identified in the schedule to the Heritage Overlay acknowledge the importance of the identified site. Ensuring advertising signs located on or abutting land listed in the schedule to the Heritage Overlay are designed and sited to complement the heritage values of the listed property. Encouraging preparation of management plans for heritage places on private land. Facilitating uses which acknowledge the importance of identified heritage places within a current day context. Considering any management plans for the heritage place. Using the Dandenong Foothills Policy to ensure that environmental capacity of the land is considered in proposals for the sensitive eastern part of the municipality. Encouraging the retention of remnant native vegetation for its habitat and other ecological values, particularly where the vegetation is located: Along creek valleys. Along linear reserves. In the vicinity of the Dandenong Ranges National Park. In the vicinity of other parks and reserves.
Requesting, where appropriate, that planning applications for use or development in, or adjoining, parks and adjoining waterways provide information which identifies any potential vegetation, habitat, air, water and soil quality impacts on the park or waterway.
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Considering park management plans when assessing transport proposals in the vicinity of public parks. Requiring proponents to identify environmental impacts of proposals on land in the non-urban area. Using the Dandenong Foothills Policy to ensure that design and development issues are addressed. Using the Scoresby-Rowville Employment Precinct Policy to ensure that design and development issues are addressed in development adjoining identified heritage sites within the Precinct. Ensuring that development within the Knox Central Principal Activity Centre is consistent with the Knox Central Urban Design Framework. Zones and overlays Applying the Heritage Overlay to protect specific heritage places identified in the Knox Heritage Study (1993). Applying the Significant Landscape Overlay Schedules 1 to 5 to the Dandenong Foothills area to protect the landscape qualities of the area. Applying the Urban Floodway Zone to protect floodways from development. Applying the Floodway Overlay to protect floodways from development. Applying the Land Subject to Inundation Overlay to all land affected by flooding from open watercourses. Using the Design and Development Overlay in the sensitive Dandenong foothills area to encourage low density development through provision of minimum lot sizes. Applying the Low Density Residential Zone generally to the western fringe of the Dandenong Ranges National Park, residential areas of The Basin and near the corner of Taylors Lane and Wellington Road to minimise development in areas without reticulated sewerage. Applying the Rural Zone to parts of the Lysterfield area, parts of the Monbulk Creek Valley and parts of The Basin which are unsuitable for urban development. Applying the Rural Living Zone to provide for residential use in the rural environment of The Basin, Lysterfield and the area near the intersection of High Street Road and Nortons Lane to ensure that environmental impacts are considered. Applying the Public Conservation and Resource Zone to specific areas along Dandenong Creek to protect the natural environment. Applying the Environmental Rural Zone in The Basin to protect identified areas of flora and fauna significance in proximity to the Dandenong Ranges National Park. Applying the Comprehensive Development Zone 1 to Waterford Valley to ensure that residential and drainage uses on the site can be co-ordinated. Applying the Urban Floodway Zone to land within Caribbean Gardens that has been identified as being critical for flood catchment purposes. Applying the Development Plan Overlay Schedule 6 to particular properties within the Scoresby-Rowville Employment Precinct near Corhanwarrabul Creek and Lake Caribbean to ensure that appropriate drainage and environmental management processes and works are undertaken. Applying the Development Plan Overlay Schedule 6 to Stamford Park and adjoining land to ensure that appropriate development occurs within the identified view corridor from historic Stamford Park House.
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Applying the Vegetation Protection Overlay to identify significant vegetation which should be protected where possible in the design of transport infrastructure. Applying the Vegetation Protection Overlay 1 to retain remnant vegetation with two or more intact strata. Applying the Vegetation Protection Overlay 3 to retain remnant overstorey vegetation. Applying the Rural Zone to existing rural land. Applying the Environmental Rural Zone to the Dobsons Creek area and land adjoining Dandenong Ranges National Park to maintain and enhance viability of natural ecosystems. Further strategic work Further documenting identified heritage sites. Further reviewing sites identified for inclusion in the Heritage Overlay. Developing management plans for publicly owned sites. Implementing the Knox Central Urban Design Framework, particularly with regards to the Lewis Parklands and Blind Creek precincts. Other actions Liaising with the Port Phillip Catchment Management Authority and local conservation groups. Giving effect to Floodplain Management Strategies to be undertaken by Melbourne Water. Working with the Department of Sustainability and Environment as the owner and manager of Crown Land. Liaising with the Roads Corporation, Department of Sustainability and Environment and Parks Victoria. Reference documents: Knox City Council (1994), Conservation Strategy McInnes, M. (1993), City of Knox Heritage Study Water Ecoscience Pty Ltd, Melbourne (1998), Vegetation Assessment and Protection Strategy for the City of Knox National Parks Service (1996), Churchill National Park and Lysterfield Lake Park Draft Management Plan Rhodes, D. Du Cross (1993), Dandenong Valley Park: Future Directions Plan Resources Document: Archaeological Survey of Dandenong Valley Metropolitan Park Parks Victoria (1995: revised 1998), A Guide to Priorities for Melbournes Open Space Network South East Region Kenmore Course Pty Ltd (1996), Least Waste Managing Waste: The Way Ahead For the Eastern Region Regional Waste Management Plan 1996-2020 Knox City Council (2005) Knox Central Urban Design Framework
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21.09
17/07/2008 C68
ENHANCING THE POTENTIAL FOR LIFESTYLE AND CULTURAL ACTIVITIES IN THE COMMUNITY
21.09-1
19/01/2006 VC37
Overview Knoxs popularity as a residential and business location is partly due to the lifestyle opportunities the municipality offers. Knoxs golf courses are an example of recreational facilities which contribute to Knoxs attraction. Further enhancing opportunities for recreation, cultural development and social interaction are important to the community. Enhancing the perceived safety of urban spaces is also important to the community. Urban places and facilities which experience little usage and activity can create a sense of isolation and be perceived as a safety concern. This concern can lead to a further reduction in the use of an area, reduced standards of maintenance, security costs and the areas decline. This has important social consequences in relation to reduced opportunities for social interaction. Encouraging an appropriate mix of uses in strategic locations, such as at community activity and retail centres can increase opportunities for social interaction. It can also increase usage of areas and casual surveillance thus increasing the perceived safety of areas. Public open space and other community facilities need to be provided in a strategic manner, taking into account projected community need. A linked public open space network is a key direction to be pursued so as to increase the communitys accessibility to open space. To maintain their economic viability, community facilities need to be planned to encourage multiple use and be designed with a degree of flexibility to accommodate changing community needs.
21.09-2
17/07/2008 C68
Objectives To encourage the provision of places where there is a strong community focus and where the community can carry out their domestic, business, leisure or social life. Strategies Promote mixed uses and higher density housing around activity centres. Implementation These strategies will be implemented by: Policy and exercise of discretion Using the Knox Central Principal Activity Centre Policy to ensure all development within the Knox Central Principal Activity Centre is consistent with the Knox Central Urban Design Framework. Encouraging increased residential densities in the Residential 1 Zone around the centres identified on the Strategic Framework Plan. Using the Stud Park Policy to ensure development provides a high standard of user amenity and is integrated with nearby development.
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Applying the Boronia Airspace Policy to ensure the site is designed to promote community use. Applying the Stud Park Policy to ensure that the approved development plan provides for pedestrian and vehicular safety. In considering proposals, ensuring that opportunities for casual surveillance of public spaces are maximised through design (eg. houses which overlook parks and streets). Applying the Boronia Airspace Policy to ensure that safety is a consideration in the approval of an incorporated plan. Ensuring safety issues are addressed in any outline development planning. Encouraging increased residential densities in the Residential 1 Zone around the centres identified on the Strategic Framework Plan. Ensuring safety issues are addressed in any outline development planning. Requiring public open space contributions from developers where appropriate in accordance with Clause 52.01. Ensuring that open space contributions provide a linked network of open space where possible Zones and overlays Applying the Development Plan Overlay 2 to ensure that Knox City/Ozone is developed so that it is integrated internally and with surrounding land. Applying the Residential 2 Zone near the corner of Wantirna and Boronia Roads to encourage higher residential densities. Applying the Business 2 Zone on the fringe of the Boronia, Bayswater, Ferntree Gully, Knox City, Stud Park, Alchester Village and Wantirna Mall activity centres to provide for office, associated commercial uses and residential uses (provided residential development is designed to reflect its commercial context). Applying the Business 5 Zone to areas in proximity to Ferntree Gully, Upper Ferntree Gully, Bayswater and Boronia activity centres to encourage a mix of office and residential uses. Applying the Incorporated Plan Overlay 1 to Boronia Airspace to ensure safety is a design consideration. Applying the Development Plan Overlay 1 to Stud Park to ensure safety is a design consideration. Applying the Development Plan Overlay 2 to Knox City/Ozone to ensure safety considerations are addressed. Applying the Comprehensive Development Zone 1 to Waterford Valley to facilitate the development of a public golf course as a key component of the overall development. Further strategic work Drafting and implementing Structure Plans for the Activity Centres, including implementing the Knox Central Urban Design Framework for the Knox Central Principal Activity Centre. Undertaking local structure planning for Boronia, Bayswater, Ferntree Gully, Upper Ferntree Gully, Scoresby Village and Knoxfield Shopping Centres. Undertaking a Housing Strategy. Preparing urban design guidelines which promote safe, interactive spaces.
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Reviewing the perceived safety of parklands and community facilities as part of relevant strategy/management plans. Reviewing perceived safety in activity centres as part of the preparation of local structure plans. Preparing urban design guidelines which promote safe, interactive spaces. Regularly reviewing the Knox Recreation Strategy Plan. Establishing management plans for key recreational facilities and incorporating these into the planning scheme. Other actions Working with public transport companies to enhance safety of public transport nodes. Working with the Department of Natural Resources and Environment and Parks Victoria to enhance safety of parklands. Coordinating with relevant State Government agencies to co-locate facilities into areas of community focus and activity, i.e. public open space areas and schools. Establishing management plans for key recreational facilities. Investigating the need for a local aquatic centre in the Rowville area. Expanding Knox Leisureworks. Providing a low grade competition stadium in the southern sector of Knox. Upgrading the Knox Gymnastics Centre. Investigating the supply and demand for public tennis courts. Working with the Department of Natural Resources and Environment and Parks Victoria to ensure co-ordinated open space provision and trail development. Reference documents: Knox City Council (1994), Conservation Strategy Knox City Council (1998), Economic Development Strategy 1998-2001 Michael King & Assoc. (1998), Recreation Strategy Plan - Knox City Council, 1998-2000 Knox City Council (2005), Knox Central Urban Design Framework
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21.10
17/07/2008 C68
FACILITATING EFFECTIVE TRANSPORTATION AND MOVEMENT IN AND THROUGH THE MUNICIPALITY
21.10-1
19/01/2006 VC37
Overview Facilitating effective movement of both people and goods in Knox is important in social, economic and environmental terms. Efficient and effective access between facilities can impact on green house gas emissions. Reducing car based travel by promoting greater access via foot, bicycle and public transport can reduce overall energy consumption, and greenhouse gas emissions. Street patterns which are legible and promote ease of access also reduce travel distances and promote greater access by foot and cycle. Public transport, which can effectively transport people to and from key employment and community facilities, can also reduce green house gas emissions. Despite efforts to reduce the need for car travel for environmental and equity reasons, the road network, including the proposed Scoresby Transport Corridor, will be the key regional freight and commuter links, both for private and public transport. Roads are vital to the Citys economic vitality and development. Local street networks need to be attractive, safe and cost effective in terms of on-going maintenance costs for the road network. Some members of the community do not have access to cars and need either public transport or easy pedestrian or cycle access to facilities. The increasing proportion of elderly people in Knox will result in a greater need for alternatives to car transport. The current low density of urban development in Knox, does not easily facilitate non-car based transport. To maintain and extend public transport services, a sufficient population base is required to make the service viable. More intensive housing development around major transport nodes (e.g. railway stations) can assist in promoting a greater number of people within walking access to these transport services (and therefore greater potential usage). Non car based access to facilities can also be enhanced by mixed use development around activity centres and enhancement of bicycle and pedestrian facilities. The parklands and waterways are of strategic significance in their role in the integrated network of walking/bicycle trails in the South-East metropolitan region.
21.10-2
17/07/2008 C68
Objectives To reduce dependence on private cars for travel. To achieve good access by all modes of movement to all activity centres and community facilities within the City. Strategies Promote higher density housing and mixed uses within walking distance to community and commercial facilities including major public transport nodes. Plan for an integrated movement system that assists the economic vitality and development of the City. Implementation
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These strategies will be implemented by: Policy and exercise of discretion Applying the Knox Central Principal Activity Centre Policy to ensure that development of the Knox Central Principal Activity Centre is consistent with the Knox Central Urban Design Framework. Encouraging medium density housing in the Residential 1 Zone near the activity centres shown on the Strategic Framework Plan. Encouraging residential development in the Business 2 Zone provided it is designed to reflect its commercial context. Ensuring new subdivisions provide a bus route within 400m of houses and that the roads have sufficient pavement width to accommodate buses. Considering metropolitan and regional open space strategies when assessing proposals. Ensuring that outline development plans and local structure plans capitalise on opportunities to link to, and extend, the trail network. Encouraging new development to connect to the bike/pedestrian trail system. Encouraging trails to link with the key public transport network. Encouraging industrial development in existing industrial zones. Zones and overlays Applying the Business 1 Zone and Development Plan Overlay 2 to the Knox City/Ozone Shopping Centre to encourage a mix of uses. Applying the Residential 2 Zone near the corner of Wantirna and Boronia Roads. Applying the Business 5 Zone to encourage a mix of housing and commercial uses in areas in proximity to Ferntree Gully, Upper Ferntree Gully, Bayswater and Boronia activity centres. Applying the Business 1 Zone and Incorporated Plan Overlay 1 to the Boronia Airspace to provide a mix of commercial uses in proximity to the existing railway station and Boronia activity centre. Applying the Business 1 Zone and Business 2 Zone to encourage a range of uses in small neighbourhood centres. Applying the Industrial 1 Zone to existing industrial areas to recognise them as accessible industrial locations. Applying the Incorporated Plan Overlay Schedule 2 and Development Plan Overlay Schedule 6 to particular sites within the Scoresby-Rowville Employment Precinct to ensure that appropriate provision is made for bicycle, pedestrian, public transport and road links within and outside the Precinct. Including Declared Main Roads under the Transport Act 1980 in the Road Zone Category 1 to ensure development does not affect the flow of traffic. Applying the Public Acquisition Overlay to ensure that adequate provision is made for new Main Roads and widening as advised by VicRoads and in accordance with the Councils Road Management Strategy. Further strategic work
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Drafting and implementing Structure Plans for the Activity Centres, including implementing the Knox Central Urban Design Framework. Undertaking a Housing Strategy. Investigating means of re-designing inappropriate street patterns. Investigating jointly with the State government and adjoining municipalities the Scoresby Transport Corridor. Investigating the Dorset Road extension. Other actions Allocating funds from open space contributions to the trail network. Working with the Department of Sustainability and Environment and Parks Victoria to co-ordinate the provision of trails. Investigating possible connections to, and extensions of, the fixed rail and tram systems, including the: Glen Waverley rail line extension to Rowville and beyond. Dandenong rail line. Burwood Highway tram line to Knox Central and Ferntree Gully railway station.
Encouraging more frequent (10 min peak frequency and 20 min off-peak frequency) services. Encouraging more integrated services. Encouraging provision of safe and sheltered transport stops. Encouraging improved access to public transport for people with restricted physical mobility. Encouraging provision of park and ride facilities. Participating in any relevant regional transport groups with other municipalities and the State government. Liaising with the Inner Eastern Community Road Safety Council. Installing traffic calming works where appropriate. Reference documents: Knox City Council (1996), Road Management Strategy - Ten Year Plan Parks Victoria (1995: revised 1998), A Guide to Priorities for Melbournes Open Space Network - South East Region Knox City Council (1994), Conservation Strategy Knox City Council (2005) Knox Central Urban Design Framework
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21.11
17/07/2008 C68
FACILITATING EFFECTIVE RETAIL NETWORKS
21.11-1
17/07/2008 C68
Overview Knox contains a hierarchy of retail-based business centres from the Knox City/O-Zone Shopping Centre which attracts regional custom, to neighbourhood centres. Knoxs retail centres are valuable assets of the community, providing access to goods and services, entertainment, leisure, community facilities and employment opportunities. It is important to ensure the centres remain viable so that these benefits to the community will continue. Knox City/Ozone Shopping Centre is at the top of the hierarchy and is a retail centre of regional significance. Increasing population densities around retail centres supports the viability of the centres and by increasing the accessibility of these centres to the community brings social and environmental benefits. Investigation is required into the opportunities to increase population densities and to identify other measures to assist in maintaining the viability of these centres. Bulk retailing, wholesaling and showrooms are an important part of the local retail economy. Some of these uses depend upon highly visible locations. They therefore have the potential to either enhance or detract from the streetscape. Measures are required to ensure a high standard of design for these developments.
21.11-2
17/07/2008 C68
Objectives To provide a hierarchy of viable, accessible retail centres to meet the needs of the local and regional community. Strategies Increase population around retail centres to provide a larger market and increase accessibility. Establish Knox Central, which includes Knox City/Ozone Shopping Centre as a highly regarded and well utilised regional activity centre . Implementation These strategies will be implemented by: Policy and exercise of discretion Encouraging medium density housing in the Residential 1 Zone in close proximity to retail centres. Using the Knox Central Principal Activity Centre Policy to ensure that development in the Knox Central Principal Activity Centre is consistent with the Knox Central Urban Design Framework. Encouraging a mix of residential and office development in the Business 2 Zone provided the design of residential development reflects its commercial context.
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Encouraging restricted retail sales uses to locate in highway business areas and at the edge of core retail areas as defined on the Strategic Framework Plan. This includes development focused upon Burwood Highway. Discouraging restricted retail sales uses from locating in Industrial 1 zoned areas and the Scoresby/Rowville Employment Precinct to ensure sufficient land for industrial and production economy related uses. Using the Industrial and Restricted Retail Sales Areas Design Policy to provide guidelines on development in these areas. Zones and overlays Applying the Residential 2 Zone near the corner of Wantirna and Boronia Roads to encourage higher densities in proximity to the Wantirna Mall shopping centre. Applying the Business 1 Zone to encourage a mix of uses at the Knox City/O-Zone Shopping Centre. Applying the Business 1 Zone and Development Plan Overlay 1 to Stud Park to encourage a mix of uses on the site. Applying the Business 1 Zone and Incorporated Plan Overlay to Boronia Airspace to encourage a mix of commercial uses and public open space. Applying the Business 5 Zone to encourage a mix of residential and office development in areas in proximity to Ferntree Gully, Upper Ferntree Gully, Bayswater and Boronia activity centres. Applying the Business 3 Zone and Business 4 Zone to those areas considered suitable for restricted retail sales uses on Burwood Highway Ferntree Gully, Station Street in Bayswater, Station Street in Ferntree Gully, Erica Avenue in Boronia, Stud Road in Wantirna South, Ferntree Gully road in Knoxfield and Boronia Road in Wantirna. Applying the Business 3 Zone and Business 4 Zone to ensure streetscape considerations are taken into account. Applying the Incorporate Plan Overlay Schedule 2 and the Development Plan Overlay Schedule 6 to particular properties within the Scoresby-Rowville Employment Precinct to define the location, area and use of a secondary limited activity centre. Further strategic work Drafting and implementing Structure Plans for activity centres. Undertaking a Housing Strategy. Implementing the Knox Central Urban Design Framework. Undertaking local structure planning for Boronia, Bayswater, Ferntree Gully, Upper Ferntree Gully, Scoresby Village and Knoxfield Shopping Centres. Undertaking further study to investigate specific locations where restricted retail sales uses should be encouraged in these areas. Establishing urban design guidelines for development along major boulevards and entry points. Other actions Pursuing economic development initiatives in accordance with the Knox Economic Development Strategy 1998-2001.
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Reference documents Knox City Council (1998), Economic Development Strategy 1998-2001 Knox City Council (2005) Knox Central Urban Design Framework,
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21.12
19/01/2006 VC37
MONITORING AND REVIEW This MSS will be reviewed once every three years from the time of the planning schemes approval. An ongoing program of performance monitoring will be developed within one year to evaluate the achievement of strategic policy directions and the operational effectiveness of the administration of the scheme. The monitoring program will be reported on annually and will be used to inform the review of the MSS. Strategic policy issues to be monitored will include: Maintenance and enhancement of Knoxs green character. Employment levels of Knox population and number of jobs located within Knox. Maintenance of population levels in older parts of the municipality. Match between housing needs of population and housing being provided. Use of non-car based transport. Safety and travel times on roads. Creation of multi-use facilities or areas which are actively used. Industrial land supply. Vacancy rates of premises in industrial and commercial areas. Operational effectiveness issues to be monitored will include: Efficiency of the decision making process, eg. in terms of number of decisions, timeliness, feedback from key stakeholders. Efficiency of operation of the new system, eg. in terms of such indicators as consistency of decisions with strategic policy objectives. Indicators and targets will be developed for these and other issues as part of the performance monitoring program.
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22
09/11/2006 C40
LOCAL PLANNING POLICIES
22.01
06/12/2007 C65
DANDENONG FOOTHILLS This policy applies to the area shown on the plan forming part of this clause. Policy basis The Dandenong Foothills includes the treed slopes and rural areas of Lysterfield Valley, the rural landscapes of The Basin, and parts of the suburbs of Boronia, Sassafras, Ferntree Gully, Upper Ferntree Gully, Rowville and Lysterfield. This policy: Applies the Melbourne 2030 objectives of Policy 2.4 to local circumstances. Applies the design and built form objectives in Clause 19.03 to local circumstances. Applies the MSS objectives in Clauses 21.02 State and Regional Context, 21.03 Key influences, opportunities and challenges, 21.05 Promoting the identity and image of Knox and 21.08 Recognising and protecting significant natural features and cultural heritage. Applies the findings of the Dandenong Foothills Urban and Landscape Review 2006, Knox Urban Design Framework 2020 (prepared in 2002) and City of Knox Neighbourhood Character Study 1999 to ensure that new buildings, works and landscaping protect and enhance the metropolitan landscape significance of the Dandenong Foothills and Lysterfield Valley. Provides design guidance to implement the Knox Urban Design Framework 2020 (prepared in 2002), Dandenong Foothills Urban and Landscape Review 2006 and City of Knox Neighbourhood Character Study 1999. Melbourne 2030 recognises the environmental and landscape qualities of land in the vicinity of the Dandenong Ranges as having high environmental and social values of metropolitan significance. The Knox Urban Design Framework 2020 identified the Dandenong Ranges and its foothills as forming a backdrop to views across the eastern suburbs of Melbourne, including long range views from central city office buildings and other high points throughout the metropolitan area such as Northcote Hill and the Calder Highway. The important characteristics of the hills from these views are their heavily vegetated, apparently natural environment. These views are at risk from intensive residential redevelopment, poorly sited, designed and finished buildings and works, and removal of vegetation. Lysterfield Valley is classified by the National Trust as an attractive pastoral landscape and has been identified in Melbourne 2030 as forming part of the Southern Ranges green wedge. Lysterfield Valley forms a key gateway to the Dandenongs and provides an important buffer between urban and rural areas. This policy addresses five key landscape areas that make up the Dandenong Foothills area. These are the: Lysterfield Valley and Lysterfield Hills Rural Landscape Dandenong Foothills: Lower Slope and Valley Area Dandenong Foothills: Foothills Backdrop and Ridgeline Area The Basin Rural Landscape
22.01-1
09/11/2006 C40
LOCAL PLANNING POLICIES - CLAUSE 22.01
PAGE 1 OF 5
Lysterfield Urban/Rural Transition and Lysterfield Valley Contributory Area 22.01-2

09/11/2006 C40
Objectives The objectives of this policy are to: Protect and enhance the metropolitan landscape significance of the Dandenong Foothills and maintain uninterrupted view lines from within the municipality and vantage points in metropolitan Melbourne by ensuring that all buildings and works are sensitively designed and sited to sit below the dominant tree canopy height. Promote the maintenance and improvement of the continuous closed tree canopy by allowing enough open space within new development for the retention of existing canopy vegetation and growth of new canopy vegetation. Maintain the low density residential character of the landscape areas by ensuring that preferred subdivision patterns and lot sizes are retained. Protect the rural environments of The Basin and the Lysterfield Valley and Lysterfield Hills. Ensure that new buildings, works and landscaping in The Basin and the Lysterfield Valley and Lysterfield Hills protect the physical and visual amenity of the open pastoral setting.
22.01-3
06/12/2007 C65
Policy It is policy that: Site analysis and design response Applications for buildings and works be accompanied by: A site analysis. A design response.
Site analysis The site analysis may include a detailed site plan, photographs or other techniques and should accurately describe, as appropriate: The built form, scale, design and use of surrounding development. Solar access to the site and surrounding properties. Identified areas of environmental significance. Open space. Views to and from the site. Location of significant trees and vegetation. Drainage. Street frontage features such as poles, street trees and kerb crossovers. Any contaminated soils and filled areas, where known. Any other notable features or characteristics of the site
Design response The design response should explain how the proposed design: Derives from and responds to the site analysis.
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Meets the objectives and requirements of this policy. Responds to any neighbourhood character features for the area identified in the Neighbourhood Character policy at Clause 22.07.
The design response should include correctly proportioned street elevations or photographs showing the development in the context of surrounding buildings and landscape. Lysterfield Valley and Lysterfield Hills Rural Landscape Buildings and works be designed and sited to ensure that the rural landscape character is maintained and enhanced. Rural uses be maintained and encouraged. Indigenous trees and understorey vegetation be retained and protected. A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous. Dandenong Foothills: Lower Slope and Valley Area The design and siting of buildings, works and landscaping protects and enhances the visual dominance of vegetation, including canopy trees and native understorey plants to ensure that: There is a continuous vegetation canopy across residential lots and roads. Development blends with vegetation on the hillsides to maintain and enhance the appearance of the area as an extension of the Dandenong Ranges National Park. - Development does not rise above the tree canopy height to maintain the significant landscape character of the area and near and distant view lines. Indigenous trees and understorey vegetation be retained and protected. A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous. Building height does not exceed 7.5 metres. Dandenong Foothills: Foothills Backdrop and Ridgeline Area The design and siting of buildings, works and landscaping protects and enhances the visual dominance of vegetation, including canopy trees and native understorey plants, to ensure that: There is a continuous vegetation canopy across residential lots and roads. Development blends with vegetation on the hillsides to maintain and enhance the appearance of the area as an extension of the Dandenong Ranges National Park. - There is effective screening of development and use of suitable colours and materials to maintain distant views and the appearance of a heavily vegetated natural hillside. - Development does not rise above the tree canopy height to maintain the significant landscape character of the area and near and distant view lines. - The significant landscape character of the area is protected and enhanced by retaining existing vegetation and planting indigenous canopy and understorey vegetation. - Buildings and works located on sites at high points and along ridges are designed, finished and sited so that they are not highly visible from the valley area below. Indigenous trees and understorey vegetation be retained and protected. -
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A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous. Building height does not exceed 7.5 metres. The Basin Rural Landscape Land to the east and south of the Urban Growth Boundary be maintained for rural uses. Development and subdivision be limited to maintain land for rural uses and protect identified rural landscape qualities. Buildings and works be designed and sited to ensure that the rural landscape qualities are maintained and enhanced. Indigenous trees and understorey vegetation be retained and protected. Lysterfield Urban/Rural Transition and Lysterfield Valley Contributory Area Roads be aligned to provide an edge to the urban area and provide public access to reserves, parkland and views. Streets connect with adjoining development and provide informal street treatments incorporating indigenous vegetation and rollover kerbing. Building height does not exceed 7.5 metres Indigenous trees and understorey vegetation be retained and protected.
Reference documents National Trust Register No. 355 - Lysterfield Valley and Yarra Ranges Landscape Melbourne 2030 - Planning for Sustainable Growth, State Government of Victoria, 2002 Knox Urban Design Framework 2020, Planisphere for Knox City Council, 2002 Dandenong Foothills Urban and Landscape Review, Hansen Partnership Pty. Ltd. for Knox City Council, March 2006 City of Knox Neighbourhood Character Study, Mike Scott and Associates for Knox City Council, 1999
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PLAN TO CLAUSE 22.01
PAGE 5 OF 5
22.02
19/01/2006 VC37
INDUSTRIAL AND RESTRICTED RETAIL SALES AREA DESIGN This policy applies to all land in an Industrial 1 Zone, Business 3 Zone or Business 4 Zone.
22.02-1
19/01/2006 VC37
Policy basis This policy gives effect to Clause 19.03 (Design and built form) in the State Planning Policy Framework and the MSS strategic themes of Promoting the identity and image of Knox and Facilitating and maintaining local employment. To maintain and encourage further growth in local employment, industrial and service business activity needs to be retained and increased. A high standard of design of industrial and restricted retail sales development can encourage further industrial and service business activity, enhance Knoxs image as a business and residential location as well as maintain the amenity of nearby land. Much of the industrial development in the City of Knox has occurred under detailed design controls directed since the early 1970s at providing a distinct urban character to these areas. These estates are highly regarded by the local resident and business communities for the design standards set. Design guidelines are important in reinforcing the design elements which have contributed to the success of these industrial estates.
22.02-2
19/01/2006 VC37
Objectives To facilitate growth in employment by ensuring that the design of industrial and restricted retail sales development maintains and enhances the appearance of industrial areas. To ensure that development in industrial and restricted retail sales areas is compatible with the surrounding streetscape and landscape character, with particular attention to complementing adjoining built form. To promote design and subdivision which are functional to the needs of industry.
22.02-3
19/01/2006 VC37
Policy It is policy that: Subdivision Lot sizes and dimensions reflect existing standards of nearby industrial development or raise the standard of nearby development. Large lots be provided on main road frontages to enable landscaping and sensitive building siting. If nearby industrial development is of garden industrial character with a high visual standard, subdivisions provide for a similar or higher standard of presentation. If internal lots are proposed to be smaller than those on the road frontages of the site, the internal lots provide a smooth transition in size from the larger lots along the road frontages. Siting Buildings be set back from roads to enhance visual amenity.
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Industrial and restricted retail sales buildings not adversely affect the visual amenity of nearby residential land or land used for open space purposes. Unsightly areas and works be screened from external view. Landscaping Landscape plans be submitted with applications. Landscape plans promote the green leafy image of Knox. High quality landscape treatments be provided on road frontages (including road sideages) of the development. The edges of accessways be landscaped to soften the appearance of paved surfaces. Landscaping softens and screens development from adjacent land. Additional trees be provided on the nature strip of adjoining road reserves. Existing vegetation be retained if practical. High fencing be located on unobtrusive areas of the site. Low fences or no fencing be provided at the main frontage of the site. Fencing be colour coated (i.e. not exposed wire or uncoated timber). Architectural quality The external design treatment of large buildings minimises the apparent visual bulk of the buildings. Buildings incorporate design elements that add visual interest. Signage Signage be uncluttered. Signage be integrated with the architecture and landscaping of a building. 22.02-4
19/01/2006 VC37
Performance standards The following performance standards are considered to satisfy the policy objectives and statements outlined above: Subdivision If a site is within 1 kilometre on the same road of garden industrial development (as shown on the Strategic Framework Plan), lots along the common road frontage are at least 4,000 square metres with frontages of at least 35 metres and depths of at least 60 metres. Alternatively, the lots along the common road frontage have the same or larger dimensions as the average of those of the garden industrial development. On sites abutting a Category 1 Road other than Kelletts Road or Dorset Road (refer Strategic Framework Plan) and located more than 1 kilometre from garden industrial development, the lots along the Category 1 Road frontage are at least 2,000 square metres with frontages of at least 30 metres and depths of at least 45 metres.
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On sites abutting Kelletts Road or Dorset Road and more than 1 kilometre from garden industrial development, the minimum size of lots fronting Kellets Road or Dorset Road is 1,000 square metres with a frontage of at least 20 metres and a depth of at least 35 metres. Siting Buildings and car parking areas are set back a minimum of 20 metres from all Category 1 Roads (and their service roads). This does not apply to sites on Kellets Road or Dorset Road which are more than 1 kilometre from garden industrial development where a smaller minimum setback may be provided. Buildings and car parking areas are set back a minimum of 7.5 metres from the Public Acquisition Overlay for the proposed Dorset Road Extension or Ring Road. Buildings and car parking areas are set back a minimum of 7.5 metres from a Category 2 Road or lower order road with a road reserve of more than 9 metres in width. If a building is over 12 metres high, the building is set back in accordance with the following formula: Setback = [Minimum setback (see above)] + [(Height of building in metres - 12) 2]. This does not apply to land adjoining a residential zone or the buffer area north-east of the Jells Park Industrial Estate, Ferntree Gully Road, Scoresby, 950 metres west of Stud Road. For land adjoining a residential zone or the buffer area north-east of the Jells Park Industrial Estate, Ferntree Gully Road, Scoresby, 950 metres west of Stud Road, if a building is over 6 metres high, the building is set back in accordance with the following formula: Setback = [Minimum setback (see above)] + [(Height of building in metres - 6) 2]. Front facades of main buildings are facing the main road frontage. Unsightly storage areas are located to the rear of the site, away from public view. Waste bins are located away from public view. Fencing or landscaping is used to screen storage areas and waste bins. Electricity supply is located underground. Landscaping, sealed car parking and access areas are located in front of buildings. Landscaping A landscaped buffer to adjacent residential land is at least 6 metres wide. A landscaped buffer to adjacent land in a public land zone used for open space or recreation purposes is at least 3 metres wide. Signage The design of the front facade of the building provides for the location of a business sign. Signage is confined to that necessary to identify the business(es) on the site and to provide clear traffic and pedestrian directions. If multiple businesses are accessed via a common road or driveway, provision is made for joint signage at one location.
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22.03
19/01/2006 VC37
NON RESIDENTIAL USES IN RESIDENTIAL AREAS This policy applies to non residential uses in residential areas. It does not apply to a home occupation.
22.03-1
19/01/2006 VC37
Policy basis The MSS highlights the need to encourage local employment opportunities and reduce dependence upon car based travel. It encourages small businesses to locate in small neighbourhood centres and an appropriate mix of uses in and around retail centres. Clustering of businesses in this way provides opportunities for multi-purpose trips and the use of public transport to access these businesses. A number of non residential uses are recognised as being appropriate uses in residential areas including medical centres, veterinary centres, display homes, convenience shops and child minding centres. Some of these uses locate in residential areas due to proximity to a major facility eg. educational institution or hospital. The improper design or location of these facilities in a residential environment can, however, negatively impact on the residential amenity of an area. The establishment of non residential uses in residential areas on the periphery of activity centres and major facilities provides the opportunity for a buffer between business and residential uses. It minimises intrusion of non residential uses into local residential streets. Non residential uses which operate until late at night should be located to minimise intrusion into residential areas where late night commercial activity does not currently exist.
22.03-2
19/01/2006 VC37
Objectives To encourage the establishment of attractive, well designed developments which can fulfil a community need in appropriate locations. To protect the character and amenity of residential areas. To recognise the role of those existing non residential uses in residential areas which provide services to the community without significant detriment to residential amenity.
22.03-3
19/01/2006 VC37
Policy It is policy that: Redevelopment of existing non residential uses be sensitive to the character and amenity of the local neighbourhood. Non residential uses locate on roads carrying a minimum of 3,000 vehicles per day on the periphery of retail activity centres or major facilities such as hospitals. Facilities demonstrate that they: Will not impede traffic flow of adjacent streets. Will not be hazardous to local pedestrian traffic. Will not unduly reduce car parking available for local residents in the area through generating additional onstreet parking demand. Uses which intend to open late hours be located near other compatible late night uses. Development be similar in character, size, setback and height to development in the surrounding neighbourhood.
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Development harmonise with the surrounding area through its use of materials, colours and landscaping. Signage be limited to identification purposes. Expansion of existing non-residential activities be permitted provided amenity is improved or not further detrimentally affected. Developments be designed to minimise any intrusion to residential amenity in terms of overlooking, overshadowing and excessive noise. Applications be accompanied by a site analysis addressing the following matters: Location and dimensions of all adjacent buildings and works. Indication of potential vehicular and pedestrian movements. Attenuation of any noise emanating from the site. This is particularly important if the facility is to be open at night. Details of existing and proposed landscaping on the site and adjoining properties. Details of any proposed security lighting. Lighting adjacent to residential sites should be baffled to avoid direct lighting of adjoining residential sites.
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22.04
17/07/2008 C68
KNOX CENTRAL PRINCIPAL ACTIVITY CENTRE This policy applies to all land in Knox Central, Wantirna South / Knoxfield as identified in Figure 1 that forms part of this policy.
Figure 1 showing the boundary of Knox Central Principal Activity Centre 22.04-1
17/07/2008 C68
Policy basis This policy: Applies the following SPPF objectives to local circumstances - Clause 12 (Metropolitan Development), Clause 14 (Settlement), Clause 17.01 (Activity centres), Clause 18 (Infrastructure) and Clause 19.03 (Design and built form). Builds on the MSS objectives in Clause 21.05 (Promoting the Identity and Image of Knox), Clause 21.06 (Facilitating and Maintaining Local Employment), Clause 21.07 (Making Better Use of Urban Facilities and Services), Clause 21.08 (Recognising and Protecting Significant Natural Features and Cultural Heritage), Clause 21.09 (Enhancing the Potential for Lifestyle and Cultural Activities in the Community), Clause 21.10 (Facilitating Effective Transportation and Movement in and Through the Municipality) and Clause 21.11 (Facilitating Effective Retail Networks).
Given the strategic importance of Knox Central and the considerable body of relatively underutilised and unimproved land, it is essential to map out a strategic urban design and activity vision for this principal activity centre that embraces local values, achieves Melbourne 2030 initiatives and assists in achieving objectives of Clause 22.10 (Housing). The purpose of this policy is to implement the Knox Central Urban Design Framework, (2005) as it applies to land use and development. 22.04-2
17/07/2008 C68
Objectives To implement the land use and development vision for Knox Central based on the Knox Central Urban Design Framework.
LOCAL P LANNING POLICIES - CLAUSE 22.04
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To achieve a high intensity of activity throughout the area that creates the critical mass needed to support the widest possible range of higher order commercial, community and other uses. To achieve high standards in landscape architecture and urban design that contribute positively to the urban environment. To improve access to and throughout the activity centre, and improve legibility for all forms of transport including pedestrians. 22.04-3
17/07/2008 C68
Policy Where a permit is required for the use and/or development of land, it is policy to: Land Use and Activity Encourage the intensification of the level of activity throughout the area and provide opportunities for people to live and work in, and close to, the Centre. Encourage the diversification of the mix of activities in the area, with a particular focus on achieving high density residential and employment uses on and adjacent to the Knox City Shopping Centre site. Support the civic and local government presence as a core element of the activity centre. Support the expansion of the retail and shopping role of the Knox City Shopping Centre, to retain its role as a pre-eminent regional shopping destination. Encourage the diversification of business and employment opportunities in existing industrial areas, consistent with the emergence of Knox as a major suburban business centre. Encourage development and land use that focuses activities towards Lewis Park and the Blind Creek Corridor, in order to create active and attractive interfaces. Support the development of under-utilised land such as the Horticultural Research Station site, as and when it becomes available, for a mix of compatible medium to high density institutional, employment, and residential uses. Built Form Encourage built form that is integrated with the surrounding environment, particularly Lewis Park, Blind Creek, and the bush boulevards. Encourage built form that creates active pedestrian-friendly streets. Encourage built form that respects the character and amenity of existing residential areas where development occurs adjacent to residential areas. Support taller buildings within the activity centre, than those outside the activity centre. Support development that realises opportunities for landmark buildings where they define key corner sites, topographical high points, and gateways to and within the precinct. Facilitate the replacement of areas of ground level car parking and open decked car parks, with activity generating uses such as residential or commercial, while accommodating car parking requirements with underground parking and deck parking concealed by an active front to the street. Transport and Movement
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Facilitate public transport access to the area. Improve accessibility throughout the area for pedestrians, cyclists, and public transport. Improve road access between precincts. Landscape and the Environment Encourage a high quality landscaped setting for development that contributes to the existing character of the area, building on elements such as Lewis Park, the Blind Creek corridor, the bush boulevards, and the Dandenongs backdrop. Encourage the incorporation of Environmentally Sustainable Design principles in the development of the activity centre, especially in relation to storm water management and water reuse. Facilitate the establishment of a Civic Way as a major landscape and urban design feature, extending from the Rembrandts site, through the civic precinct and continuing through to Lewis Park. Reference documents Knox City Council (2005) Knox Central Urban Design Framework Expiry This policy expires on 30 June 2010.
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22.05
19/01/2006 VC37
STUD PARK SHOPPING CENTRE This policy applies to the Stud Park Shopping Centre.
22.05-1
19/01/2006 VC37
Policy basis This policy gives effect to the MSS strategic themes of Facilitating effective retail networks, Promoting the identity and image of Knox and Facilitating and maintaining local employment. Stud Park Shopping Centre is an integrated, stand alone, sub-regional shopping centre which services the southern part of the municipality. The Shopping Centre has been developed in an integrated way in accordance with a concept plan and development plans approved to the satisfaction of the responsible authority. There remains scope for further development or redevelopment of the Centre in the future. Therefore, there is a need to ensure that future development occurs an orderly and wellplanned manner.
22.05-2
19/01/2006 VC37
Objectives To ensure that future development is undertaken in a comprehensive, integrated and well-planned manner. To ensure that future development protects the amenity of nearby residential areas. To ensure that development promotes a high level of public safety.
22.05-3
19/01/2006 VC37
Policy It is policy that: The amenity of nearby residents be preserved. External lighting be baffled and the (southern) loading bay be acoustically treated. Vehicle and pedestrian accesses within and to and from the site be separated. The safety and convenience of vehicle and pedestrian access to the Centre, including for disabled and elderly persons and children, be enhanced. The physical characteristics of the shopping environment and facilities for shoppers and children, including the amenity of the parking area, facilities for children and ease of movement for shoppers with prams be enhanced. Adequate provision be provided for on-site parking bays for buses and trucks.
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22.06
19/01/2006 VC37
BORONIA AIRSPACE This policy applies to land known as the Boronia Airspace, being more particularly described as the land adjacent to the Boronia Railway Station, generally bounded by Boronia Road, Dorset Road and Erica Avenue, Boronia.
22.06-1
19/01/2006 VC37
Policy basis This policy gives effect to the MSS strategic themes of Facilitating effective retail networks, Promoting the identity and image of Knox and Facilitating and maintaining local employment. The land is within the Boronia Shopping Centre and has scope for redevelopment due to relocation of part of the Belgrave Railway Line underground, relocation of a Country Fire Authority Fire Station and changes to the intersection of Boronia Road and Dorset Road. There is a need to ensure that future development occurs in an orderly, well-planned manner that provides suitable public open space and pedestrian accessways linking Boronia Railway Station and Boronia Road.
22.06-2
19/01/2006 VC37
Objectives To ensure that future development is undertaken in a comprehensive, integrated and well-planned manner. To ensure that future development protects the amenity of the area. To ensure that development promotes a high level of public safety. To ensure that future development provides a civic space or town square as the focus for the development and the Boronia Shopping Centre and Railway Station precinct. To ensure that future development provides pedestrian accessways between the Boronia Railway Station and Boronia Road.
22.06-3
19/01/2006 VC37
Policy It is policy that before deciding on an application, the responsible authority will consider the orderly planning of the Shopping Centre, including: Baffling of external lighting. Treatment of any loading bay. Separation of vehicle and pedestrian accesses within and to and from the site. The safety and convenience of vehicle and pedestrian access to the Centre, including for disabled and elderly persons and children. The enhancement of the physical characteristics of the shopping environment and facilities for shoppers and children, including the amenity of the parking area, facilities for children and ease of movement for shoppers with prams. Adequate provision for on-site parking bays for cars, buses and trucks. The visual prominence of the site. The relationship of the retailing activities on the site to adjacent community facilities. Provision of public open space.
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Access to and from Boronia Railway Station. The appearance of any building and design which enhances the appearance and amenity of the Boronia Shopping Centre.
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22.07
19/01/2006 VC37
NEIGHBOURHOOD CHARACTER This policy applies to development and works in residential areas within the City of Knox as shown on Map 1 forming part of this Clause.
22.07-1
19/01/2006 VC37
Policy basis This policy: assists in achieving the objectives of Clause 16.01 (Residential development for single dwellings) and Clause 16.02 (Medium-density housing) of the State Planning Policy Framework; applies the objectives of Clause 19.03 (Design and built form) of the State Planning Policy Framework, to local circumstances; builds on the objective of Clause 21.05 of the Knox MSS by ensuring that development complements and respects the existing and desired future character of residential areas; implements the findings of the City of Knox Neighbourhood Character Study 1999, including the Addendum dated 7 December 2000 that identifies the key existing characteristics and preferred future character of the Citys residential areas; provides design guidance to ensure that development and, where relevant, works, respond to the preferred neighbourhood character of residential areas. Development in residential areas needs to respond to the particular built form and natural environment elements that make up the neighbourhood character of Knox. These elements include topography, vegetation, building form, scale, siting, materials and front fencing. The City of Knox Neighbourhood Character Study defines residential precincts based on the delineation of areas of similar character elements (as shown on Map 1 forming part of this Clause). This Policy provides Design Objectives and Design Responses for ensuring that development is responsive to the key characteristics that make up the desired future character of each precinct. Proposals that meet the Design Responses are also considered to meet the related Design Objectives.
22.07-2
19/01/2006 VC37
Objectives To ensure that development is responsive to the desired future character of the area. To retain and enhance the identified elements that contribute to the character of the area. To recognise the need for change around activity centres while respecting the desired future character of the area. To recognise the need for new or additional Design Objectives and Design Responses for areas affected by Structure Planning outcomes and Melbourne 2030 housing objectives.
22.07-3
19/01/2006 VC37
Garden Court Character Precincts In the Garden Court Character Precincts it is policy that the following Key Characteristics, Statements of Desired Future Character, Design Objectives and Design Responses are taken into account when considering any application to develop or subdivide land.
LOCAL PLANNING POLICIES CLAUSE 22.07
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Key Characteristics Occasional high canopy native and exotic trees. Front fences are generally not present and, although becoming more frequent in the some areas, do not predominate. Side fences are either not present or are low forward of the dwelling. Front gardens are generally low level, often with planted lawns and many also have substantial shrubs. Front setbacks are generally 7 - 8 metres. Orientation of dwellings to the street is often not parallel and varies. Side setbacks are generally 1 and 3 metres. Dwellings are usually single storey throughout. Low pitched tile roofs, with wide eaves, are dominant. Dwellings often incorporate a projecting front room or 'triple fronted' articulation. Driveways are usually provided to the side of the dwelling. Car parking is provided in carports/garages adjacent to or behind the dwelling. Planted street trees are generally medium height and formally arranged, with some informally or irregularly planted. Statement of Desired Future Character Low scale dwellings set within an open landscape with, in some areas, occasional pockets of large native trees. Design Objectives and Design Responses for all Garden Court Precincts These Design Objectives and Design Responses apply to all Garden Court Precincts unless replaced by an alternative in the Precinct Specific Design Objectives and Design Responses. No.
1.
Design Objectives
To retain the remnant indigenous and other native trees and encourage the new planting of large native trees.
Design Responses
Retain existing high canopy trees and understorey planting, wherever possible. Replace any trees lost due to redevelopment, with indigenous or native trees that will ultimately grow to the same size.
2.
To maintain the rhythm of spacing between dwellings. To minimise the dominance of buildings from the street. Design new buildings to incorporate pitched, hipped or gabled roof forms. Set second storeys back from the facade.
3.
4.
To minimise loss of garden space, and dominance of car storage facilities. To maintain the openness of front boundary treatments.
Locate carports and garages at or behind the line of the dwelling or in the rear yard.
5.
Provide a landscaped front yard preferably with native trees and shrubs.
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Precinct Specific Design Objectives and Design Responses The following Design Objectives and Design Responses replace the corresponding provisions of the Design Objectives and Design Responses for all Garden Court Precincts. Garden Court Precinct 1 No.
4.
Design Objectives
To minimise loss of garden space, and dominance of car storage facilities.
Design Responses
Locate carports/garages at or behind the line of the dwelling or in the rear yard when this is the predominant location on nearby properties. Where carports/garages are commonly located in front of the dwelling on nearby properties, design any carport/garage proposed forward of the dwelling to match the dwelling in materials and design. Where carports/garages are located in front of the dwelling, set buildings back from the front boundary a sufficient distance to provide substantial landscaping in front of the buildings.
22.07-4
19/01/2006 VC37
Villa Court Character Precincts In the Villa Court Character Precincts it is policy that the following Key Characteristics, Statements of Desired Future Character, Design Objectives and Guidelines are taken into account when considering any application to develop or subdivide land. Key Characteristics Front gardens are generally low level and established exotic landscaped gardens with planted lawns, paving, small shrubs and few tall trees. Front fences are not usually present. Front setbacks are generally 7 - 8 metres, although this is slightly variable. Side setbacks are generally 1 and 3 metres, at least on one boundary, and carports/garages are frequently built to the boundary. Dwellings are a mixture of one or two storey. The building form is large scale, the styles are eclectic and include some ranch style houses. Driveways are usually provided to the side of the dwelling, or are semi-circular. Carports and garages are often contained within the dwelling design, extend to the boundary and dominate some front facades. Street trees are usually formally arranged, and are small and establishing at present.
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Statement of Desired Future Character Predominantly large scale dwellings set within an open garden setting. Design Objectives and Design Responses for all Villa Court Precincts These Design Objectives and Design Responses apply to all Villa Court Precincts unless replaced by an alternative in the Precinct Specific Design Objectives and Design Responses. No.
1.
Design Objectives
To retain and enhance the streetscape by the planting of appropriate trees on private land.
Design Responses
Locate carports/garages at or behind the line of the dwelling or in the rear yard when this is the predominant location on nearby properties. Where carports/garages are commonly located in front of the dwelling on nearby properties, design any carport/garage proposed forward of the dwelling to match the dwelling in materials and design. Where carports/garages are located in front of the dwelling, set buildings back from the front boundary a sufficient distance to provide substantial landscaping in front of the buildings.
2.
To ensure buildings reflect the general scale of buildings in the street.
In a single storey streetscape set the second level back from the faade. In a predominantly two storey streetscape, set third, and preferably second, levels back from the building faade. Design two and three storey buildings to fit into the landscape.
3.
To minimise loss of garden space, and dominance of car storage facilities. To maintain a pleasant and safe pedestrian environment.
Locate carports and garages at or behind the line of the predominant dwelling setback. Provide a landscaped front yard.
4.
Precinct Specific Design Objectives and Design Responses The following Design Objectives and Design Responses replace the corresponding provisions of the Design Objectives and Design Responses for all Villa Court Precincts.
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Villa Court Precinct 1 No.

1.
Design Objectives
To retain and enhance the streetscape by the planting of appropriate trees on private land. To minimise unnecessary loss of garden space, and dominance of car storage facilities.
Design Responses
Design buildings to accommodate landscaping with trees and shrubs in front gardens.
3.
Villa Court Precinct 4 No.

3.
Design Objectives
To minimise loss of garden space, and dominance of car storage facilities.
Design Responses
Locate carports and garages at or behind the line of the predominant dwelling setback. Close views along long driveways through the use of landscaping.
5.
To ensure buildings reflect the general shape and style of buildings in the street. To maintain the rhythm of building spacing.
Design new buildings to incorporate pitched, hipped or gabled roof forms.
6.
22.07-5
19/01/2006 VC37
Garden Suburban Character Precincts In the Garden Suburban Character Precincts it is policy that the following Key Characteristics, Statements of Desired Future Character, Design Objectives and design responses are taken into account when considering any application to develop or subdivide land. Key Characteristics Gardens are generally low level with small shrubs and occasional tall trees, usually native varieties. Front fences are usually not present, although low brick fences matching the brick of the dwelling are relatively common. Lawn frequently extends to the footpath with no delineation between public and private land. Side fences are low forward of the dwelling. Front gardens are generally low level, often with planted lawns and shrubs. Front setbacks are generally 7 - 8 metres. Side setbacks are generally 1 and 3 metres. Dwellings are usually single storey. The low pitched, tiled roof form, with wide eaves, is dominant. Dwellings have low wall heights and hipped roofs. Dwellings are constructed in timber and mixed varieties of brick. Driveways are usually provided to the side of the dwelling. Car parking is provided in open spaces, carports and garages adjacent to or behind the dwelling.
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Planted street trees are generally medium height; sometimes formally arranged and sometimes informally or irregularly planted. Nature strips are frequently wide. Statement of Desired Future Character Low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native and exotic trees. Design Objectives and Design Responses for all Garden Suburban Precincts These Design Objectives and Design Responses apply to all Garden Suburban Precincts unless replaced by an alternative in the Precinct Specific Design Objectives and Design Responses. No.
1.
Design Objectives
To retain the tall trees.
Design Responses
Retain existing high canopy trees, wherever possible. Replace any trees lost due to development, with indigenous or native trees that will ultimately grow to the same size.
2.
To maintain the continuity of garden character between dwellings. To minimise the dominance of buildings from the street. Design new buildings to incorporate pitched, hipped or gabled roof forms. Set second storeys back from the facade.
3.
4.
To minimise loss of front garden space, and dominance of car storage facilities.
Locate carports and garages at or behind the line of the dwelling or in the rear yard.
22.07-6
19/01/2006 VC37
Rural Parkland Character Precinct In the Rural Parkland Character Precinct it is policy that the following Key Characteristics, Statements of Desired Future Character, Design Objectives and design responses are taken into account when considering any application to develop or subdivide land. Key Characteristics Frequent high canopy indigenous trees and planted natives and exotics in pockets and individually. Land is predominantly flat. Front fences are generally not present, but where provided are low and may include small entrance gates. Side fences are either not present or are open style. Front gardens are sometimes bushy and otherwise low level, often with planted lawns and many also have substantial trees. Front setbacks are very substantial, approximately 15 metres. Orientation of dwellings to the street is often not parallel and varies. Side setbacks are generally at least 5 metres, and frequently substantially more.
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Dwellings are usually single storey. Dwellings are large, but usually not imposing. The building form is low scale and expansive, although the individual styles vary. Driveways are usually uncurbed and sometimes paved, and sweep in front of the dwelling. Car parking is provided in garages adjacent to or behind the dwelling and is generally unobtrusive Trees in the public domain are informally occurring, and appear to be extensions of the private plantings or remnant indigenous trees. Statement of Desired Future Character Low scale dwellings set within a park-like landscape with occasional pockets of large native and exotic trees. Design Objectives and Design Responses for the Rural Parkland Precinct No.
1.
Design Objectives
To retain the remnant indigenous and other native and exotic trees and encourage the new planting of large trees.
Design Responses
Retain existing high canopy trees, wherever possible. Replace any trees lost due to redevelopment, with trees that will ultimately grow to the same size. Provide the opportunity to plant large trees on the site.
2.
To maintain the continuity of vegetation and landscape character between and in front of dwellings. To minimise the dominance of buildings from the street. To minimise loss of garden space, and dominance of car storage facilities. Locate carports and garages at or behind the line of the dwelling or in the rear yard. Minimise the amount of paving in front yards and driveways. Provide a landscaped front yard, preferably with lawn, trees and shrubs.
3.
4.
22.07-7
19/01/2006 VC37
Bush Suburban Character Precincts In the Bush Suburban Character Precincts it is policy that the following Key Characteristics, Statements of Desired Future Character, Design Objectives and Design Responses are taken into account when considering any application to develop or subdivide land. Key Characteristics Stands of high canopy indigenous trees and planted Eucalypts, occasionally forming a semi-closed canopy. Private gardens often contain trees at the front and behind dwellings.
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Front fences are generally not present and although becoming more frequent, do not predominate. Side fences are either not present or are low forward of the dwelling. Front gardens are generally low level, often with planted lawns and many also have substantial shrubs. Front setbacks are generally 7 - 8 metres, however setbacks vary where the topography requires. Side setbacks are generally 1 and 3 metres, and are sometimes more substantial. Dwellings are usually single storey, other than on slopes where two storeys are accommodated in the fall of the land. Driveways are usually provided to the side of the dwelling. Car parking is provided in garages adjacent to, underneath or behind the dwelling. Planted street trees are generally medium height and informally or irregularly planted. In some streets the public area planting is indistinguishable from the private. Statement of Desired Future Character Dwellings located within frequent bands of high canopy indigenous and native vegetation, creating a vegetation dominated backdrop. Design Objectives and Design Responses for all Bush Suburban Precincts These Design Objectives and Design Responses apply to all Bush Suburban Precincts unless replaced by an alternative in the Precinct Specific Design Objectives and Design Responses. No.
1.
Design Objectives
To retain and reinforce the native vegetation dominated backdrop, and encourage the replanting of indigenous plants.
Design Responses
Retain existing trees and understorey planting, wherever possible. Replace any trees lost due to development, with indigenous or native trees that will ultimately grow to the same size. Plant or retain at least one substantial indigenous or native tree for every 250 sq.m. of site area.
2.
To maintain the continuity of vegetation and landscape character between dwellings.
Set dwellings back from the side boundaries a sufficient distance to allow for substantial landscaping with mature understorey planting, at least on one side of the dwelling. Design buildings and extensions to sit below the predominant tree canopy height. Design new buildings and extensions to follow the topography of the site. Incorporate timber or rendered surfaces in streetscapes where timber predominates.
3.
To ensure buildings and extensions do not dominate the landscape and streetscape. To minimise the dominance of buildings from the street. To harmonise with the materials used in nearby dwellings.
4.
5.
PAGE 8 OF 12
6.
To minimise excavation for car access, loss of garden space, and dominance of car storage facilities.
Where significant excavation is not required, locate carports and garages behind the line of the dwelling or in the rear yard. If car spaces must be provided in the front yard to avoid excavation, use a nonimpervious surface (eg. gravel, toppings) for the driveway and parking area.
7.
To maintain the continuous flow of the landscape and vegetation, and the bush character of front gardens.
Use timber or rock for retaining walls. Provide sufficient space in front yards for the retention and/or planting of large trees and understorey plants.
Precinct Specific Design Objectives and Design Responses The following Design Objectives and Design Responses replace the corresponding provisions of the Design Objectives and Design Responses for all Bush Suburban Precincts. Bush Suburban Precinct 1 No.
5.
Design Objectives
To harmonise with the heavily vegetated areas.
Design Responses
Use subdued toned building materials or paint colours.
22.07-8
19/01/2006 VC37
Foothills Character Precincts In the Foothills Character Precincts it is policy that the following Key Characteristics, Statements of Desired Future Character, Design Objectives and Design Responses are taken into account when considering any application to develop or subdivide land. Key Characteristics Vegetation dominates the streetscape. Frequent native high canopy indigenous trees and planted Eucalypts, sometimes forming a closed canopy. Private gardens are informal in style and contain indigenous trees and substantial understorey, frequently tree ferns. The bush vegetation flows uninterrupted across public and private land. Front fences are not present, and side fences are usually not visible. Front gardens are generally established and bushy with most containing large trees and substantial undergrowth. Roads are often uncurbed, or with informal rollover kerbing. There is usually no delineation between public and private street space, with bush or grass extending to the roadway. Front setbacks are generally 7 - 8 metres, with some 9 15 metre setbacks on larger sites. Side setbacks are generally 3 and 4 metres, but are often greater. Dwellings are usually single storey, other than on slopes where two storeys are accommodated in the fall of the land. Driveways are provided where the slope of the land permits, however vehicle storage is generally not visible. Exceptions occur due to the slope of the land, where carports are located forward of the dwelling.
PAGE 9 OF 12
Planted street trees are rare, with the public planting being remnant indigenous vegetation in a natural setting. Statement of Desired Future Character Varied but often low scale buildings placed behind a heavily vegetated streetscape with a continuous flow of bush vegetation spread across private and public property.
Design Objectives and Design Responses for all Foothills Precincts These Design Objectives and Design Responses apply to all Foothills Precincts unless replaced by an alternative in the Precinct Specific Design Objectives and Design Responses. No.
1.
Design Objectives
To maintain the native vegetation dominated vistas and streetscapes, and encourage the replanting of indigenous plants.
Design Responses
Retain existing trees and understorey planting, wherever possible. Replace any trees lost due to development, with indigenous or native trees that will ultimately grow to the same size. Plant or retain at least one substantial indigenous or native tree for every 100 sq.m. of site area.
2.
To maintain the continuity of vegetation and landscape character between dwellings.
Set dwellings back from the side boundaries a sufficient distance to allow for substantial landscaping with mature understorey planting. Design buildings and extensions to sit below the predominant tree canopy height. Design new buildings and extensions to follow the topography of the site. Use subdued toned building materials or paint colours. Where significant excavation is not required, locate carports and garages behind the line of the dwelling or in the rear yard. If car spaces must be provided in the front yard to avoid excavation, use a nonimpervious surface, (eg. gravel, toppings) for the driveway and parking area.
3.
To ensure buildings and extensions do not dominate the landscape and streetscape. To minimise the visibility of buildings from the street. To harmonise with the vegetation.
4.
5.
6.
To minimise excavation for car access, loss of garden space, and dominance of car storage facilities.
7.
To maintain the continuous flow of the landscape and vegetation, and the bush character of front gardens.
Use timber and rock for retaining walls. Provide sufficient space in front yards for the retention and/or planting of large trees and substantial understorey plants.
PAGE 10 OF 12
Precinct Specific Desired Future Character Statements, Design Objectives and Design Responses The following Design Objectives and Design Responses replace the corresponding provisions of the Design Objectives and Design Responses for all Foothills Precincts. Foothills Precinct 2 No.
5.
Design Objectives
To harmonise with the vegetation and dominant building materials.
Design Responses
Use subdued toned building materials or paint colours. Where the dominant building material is timber, include some timber in the external wall treatment or render.
Foothills Precinct 3 No.

5.
Design Objectives
To harmonise with the predominant building materials.
Design Responses
In streets where the predominant building material is timber, use timber or render on the external walls.
Policy reference City of Knox Neighbourhood Character Study, Mike Scott & Associates et al, 1999, including the Addendum dated 7 December 2000.
PAGE 11 OF 12
PAGE 12 OF 12
22.08
22/05/2008 C73
SCORESBY-ROWVILLE EMPLOYMENT PRECINCT This policy applies to Business 3 and Public Park and Recreation zoned land bounded by Ferntree Gully, Stud and Wellington Roads and the EastLink reservation.
22.08-1
22/05/2008 C73
Policy basis This policy: Applies the design and built form objectives in Clause 19.03 to local circumstances. Applies the MSS strategic objectives in Clause 21.05 of Promoting the identity and image of Knox and Facilitating and maintaining local employment and the strategic objectives in Clause 21.08 Recognising and protecting significant natural features and cultural heritage. Applies the findings of the Scoresby-Rowville Industrial Area Review 2000 to provide a high amenity employment precinct for production economy related activities with a primary focus on research and development, industry/technology and warehousing/distribution and office uses. This policy aims to create a high amenity built form and natural environment that will assist in attracting production economy related businesses to the Precinct, thereby boosting the range of employment opportunities available in Knox. Stamford Park forms part of the Precinct and there is a need to ensure that new development within that property and on adjoining properties protects and enhances environmental and heritage qualities. Findings of the Scoresby-Rowville Industrial Area Review 2000 propose that emerging trends in the global production economy (term used to describe the elongation of production chains where the production process is distributed across the globe and not necessarily concentrated in one place) will be strongest for the Scoresby-Rowville Employment Precinct in the primary areas of research and development, industry/technology and warehousing/distribution and business / office park. To boost the attractiveness of the Precinct to potential businesses and to service the needs of businesses and employees, the Scoresby-Rowville Industrial Area Review 2000 findings state there is a need to establish a neighbourhood activity centre. The neighbourhood activity centre will be located centrally in the vicinity of the current market site within the Precinct and include uses that complement and service the needs of businesses and employees in the area and be designed to encourage informal business interaction.
22.08-2
22/05/2008 C73
Objectives To encourage the development of an increased range of high amenity production economy related businesses that provide a diversity of employment opportunities with a primary focus on research and development, industry/technology and warehousing/distribution uses and office / business park. To promote innovation in development with integrated architectural and landscape treatment. To ensure that design, finish, landscaping and siting of built form enhances and maintains the high amenity of the Precinct. To ensure that the character, views and vistas of adjoining or nearby public open space, sites of heritage significance, reserves and linkages are protected and from inappropriate development and land use.
PAGE 1 OF 8
To facilitate the development of a neighbourhood activity centre that is sited centrally within the Precinct and incorporates commercial activities that complement and service the needs of businesses and employees in the Precinct. To promote design and subdivision which are functional to the needs of a range of uses. To encourage the development of facilities for passive and active community recreation where appropriate. To ensure that any environmental impacts associated with development and/or land use are minimised. 22.08-3
22/05/2008 C73
Policy It is policy that: Production Economy The use and development of production economy related businesses with a primary focus on research and development, industry/technology, warehousing/distribution and office business park is encouraged. Restricted Retail Premises The use and development of restricted retail premises within the Precinct, including the neighbourhood activity centre, is discouraged. Retail Premises The use and development of retail premises is discouraged in areas outside the Precincts neighbourhood activity centre as shown on an approved development plan. Office use The extent to which the development is physically integrated with existing development and facilities, including pedestrian and vehicle access, public transport, urban design aspects and building relationships. The location of, and interaction with, other activities. The extent to which the development is compatible with and will reinforce and enhance the character and functioning of the Precinct. Effects on the amenity of adjoining areas including traffic intrusion, noise and overlooking. Site analysis and design response Applications for use and development are to be accompanied by: A site analysis. A design response. Site Analysis The site analysis may include a detailed site plan, photographs or other techniques and must accurately describe:
PAGE 2 OF 8
The built form, scale, design and use of surrounding development. Solar access to the site and surrounding properties. Identified areas of environmental significance. Open space. Views to and from the site, including views to Lake Caribbean, Dandenong Ranges and Dandenong Valley Parklands as appropriate. Location of significant trees and vegetation. Drainage. Street frontage features such as poles, street trees and kerb crossovers. Any contaminated soils and filled areas, where known. Any other notable features or characteristics of the site. Design Response The design response must explain how the proposed design: Derives from and responds to the site analysis. Meets the objectives and requirements of this policy. The design response must include correctly proportioned street elevations or photographs showing the development in the context of surrounding buildings and/or landscape. Siting Buildings and car parking areas are set back a minimum of 20 metres from all Category 1 Roads (and their service roads). Buildings and car parking areas are set back a minimum of 7.5 metres from a Category 2 Road or lower order road with a road reserve of more than 9 metres in width. Where the side setback of buildings is a dominant characteristic, buildings should be setback from side boundaries to enhance the garden setting of the Precinct. Where appropriate buildings should be sited to create views and vistas to adjoining open space, Lake Caribbean and/or distant views to the Dandenong Ranges. Development sharing a boundary with Lake Caribbean should be located a sufficient distance from the shore line to allow for the provision of public access via walking and/or cycling trails/boardwalks. Car parking areas are to be located to the side, rear or basement level of buildings, not within front setback areas, except for sites where a boundary is shared with Lake Caribbean were the siting of car parking will be assessed on an individual basis. Unsightly areas and works are to be sited and screened from external view. Bulk and mass Building design should avoid box-like structures through the provision of articulation, the use of glazing, height, variation in materials and textures and the use of architectural features to provide visual interest.
PAGE 3 OF 8
Facades Facades should be stepped, offset and staggered to break up long continuous alignments and should incorporate a diversity of building and architectural elements that result in a coherent overall design. On corner sites, facades should address both street frontages and may include a higher corner element or a design element to emphasise its street corner location. Active uses should be located towards the street frontage of buildings to avoid blank walls facing streets. Roof Roof profiles should be considered as part of the overall building form. This includes the integration of unsightly plant, exhaust and intake vents in building design and other technical equipment to avoid an adverse effect on the appearance of the building. Due consideration should also be given to noise issues and appropriate, fully integrated screening devices in these structures. Design The style and scale of buildings should be of a high quality that complements existing development and makes a positive contribution to the amenity of the Precinct. On streets and areas of pedestrian activity, the design should allow for good visual penetration of the ground floor facade to provide natural surveillance. Alcoves or spaces that cannot be observed by passers-by are to be avoided. Access and Connectivity Walkways and major entrances to buildings should be designed to allow pedestrian access for all persons, including those with disabilities (refer to Australian Standards: Access & Mobility AS1428 Parts 1 and 2). Where required, road, pedestrian and bicycle access should be provided to ensure connectivity between different properties and for the Precinct as a whole. Heritage Development on properties adjoining Stamford Park House and land within the restricted arc and broader view corridor must be in accordance with an approved development plan. Development should ensure that the open pastoral setting of the House, gardens and principal views from the House are protected and enhanced by: Designing buildings and works to respect and make a positive contribution to the cultural heritage significance, setting and principal views from the House. Incorporating appropriate external materials, finishes, and colours (including fencing, seating, signage, road and car park lighting infrastructure) which complement and enhance the setting of the House and garden where development has an immediate interface with and/or is located within the restricted arc and broader view corridor. Avoiding the placement of blank walls facing the House. Employing appropriate design techniques to screen car parking areas and roads located near the boundary of the House.
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Incorporating soft and hard landscaping that reflects the heritage garden setting of the House within boundary setbacks between the House and adjoining properties. Landscaping Landscaping should reflect the examples of high standards set by established development within the Precinct. Plant species used in landscaped areas near Corhanwarrabul Creek should not include any weed species specified in an environmental management plan. High quality landscape treatments should be provided on road frontages (including road sideages) of the development. The edges of access-ways should be landscaped to soften the appearance of paved surfaces. Where required, additional trees should be provided on the nature strip of adjoining road reserves. Where retaining walls are required landscaping should be incorporated into the retaining wall design. Landscape buffers of sufficient dimension should be provided along the western boundary of the Precinct to assist in screening buildings when viewed from Dandenong Valley Parklands and along Corhanwarrabul Creek. Existing significant vegetation should be retained where possible. Lighting Facades should make provision for location of external lighting for public safety purposes and to give interest to nighttime streetscapes. Fencing No fences should be provided to frontages of buildings. Where required, fencing should be colour coated (ie. not exposed wire or uncoated timber) and designed to fit in with the overall building design. Antennae and Technical Attachments Antennae and other technical attachments should be integrated into the building design and not detract from the appearance of buildings. New buildings should be designed to accommodate attachments without disrupting the appearance of the building. Where attachments cannot be screened, they should be designed to complement the building. Signage Signage should be uncluttered and integrated with the architecture and landscaping of a building. Business signs should be sensitive to the style, scale and type of development. Billboards and large advertising signs are discouraged.
PAGE 5 OF 8
Energy Efficiency Buildings should be designed to optimise operational energy efficiency, reduce pollution and include waste management systems which minimise waste and encourage recycling. Consideration at the design stage should include: Lighting systems and controls. Heating, ventilating and cooling systems. Glazing and insulation to control heat gain and loss. Thermal performance of building materials and colours. Energy recovery systems. Building orientation. Energy storage systems. Automatic control systems. Public Spaces Public spaces should be designed to contribute to the high amenity of the Precinct, serve the needs of employees, businesses and visitors to the Precinct and to maximise the safety of users. Public spaces should be located where they will contribute to the functionality of different uses within the Precinct. Public spaces should be designed to minimise any impacts on adjoining areas of environmental significance. Neighbourhood Activity Centre The built form environment should ensure that the Centre has its own identity and responds positively to any existing natural features. Urban art, sculpture and water fountains should be integrated within the public realm. The design and layout of buildings should face and reinforce the public realm. Buildings should be designed to accommodate a range of uses that serve the needs of businesses and employees in the Precinct. A safe pedestrian environment should be designed to complement business activity of the Centre. The design of public spaces within the Centre should allow for a range of activities to occur. Subdivision Lot sizes and dimensions should reflect existing standards of nearby development or raise the standard of nearby development. Large lots should be provided on main road frontages to enable landscaping and sensitive building siting.
PAGE 6 OF 8
22.084
22/05/2008 C73
Decision guidelines It is policy that before deciding on an application, the responsible authority will consider, as appropriate: Employment Precinct (other than the Neighbourhood Activity Centre) Whether facades adjoining public spaces and edges of public spaces will maintain continuity of the streetscape. Whether existing natural features such as trees, waterways and adjoining open space have been appropriately incorporated into the design of public spaces. The provision of adequate public facilities such as seating, bicycle racks, tables, drinking fountains, public telephones and toilets. The integration of soft and hard landscaped features within the design of public spaces. The provision of adequate lighting for public areas such as streets and walkways. The provision of public art and fountains within public areas. Whether public spaces allow ease of pedestrian circulation and through access, easily accessible for all persons and safe. The provision of adequate directional signs in public areas and streets. Whether the road layout design allows for flexibility and provision of links to other lots outside the Precinct and Category 1 roads bounding the Precinct. Whether proposed road reserve treatments complement existing and proposed landscaping of the Precinct. Adequate screening of car parking areas from the public realm. The entry and exit points onto road networks are designed to ensure maximum safety for vehicles and pedestrians. Whether new development on sites adjoining Stamford Park House protects and enhances the open pastoral setting of the House and garden and principal heritage views from the House. The design and layout of roads, footpaths and bicycle paths ensure that the safety of users is maximised and appropriate links are provided within and outside the Precinct. The design of building facades makes provision for signage and ensure that there is a strategy for integration with the architecture of the building. Neighbourhood Activity Centre Openings in facades and active uses abut public space and waterways (where present). Particular attention is given to the treatment of abutting facades to provide interest. Walkways/promenades form a major focus of development, and provide linkages within and outside the Centre. The design of walkways/promenades incorporates a range of uses such as outdoor eating areas, jogging, walking and cycling where appropriate. Where abutting an area of environmental significance or a waterway, appropriate design measures have been used.
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Building setbacks to adjoining public walkways, streets, open space and buildings are located to enhance the public realm. Building frontages are designed to encourage a variety of street and/or walkway focused activities and functions. The integration of public art and fountains within the public realm. The use of durable, high quality and consistent materials and finishes. Whether the development and/or use will primarily serve the needs of businesses and employees in the precinct. References Scoresby/Rowville Industrial Area Review, Spiller Gibbins Swan Pty Ltd for Knox City Council, 2000. Scoresby/Rowville Employment Precinct Indicative Structure Plan and Strategic Context, Spiller Gibbins Swan Pty Ltd for Knox City Council, July 2002.
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22.09
09/11/2006 C46
[NO CONTENT]
PAGE 1 OF 1
22.10
06/12/2007 C65
HOUSING This policy applies to all new residential use and development within the urban growth boundary in the City of Knox. Policy basis The Knox Housing Statement (2005) and the Eastern Regional Housing Statement (2006) provide the basis for this policy. The Knox Housing Statement has been prepared to provide a policy framework for decision-making on the location, type, scale, design and amount of housing in the City of Knox. The City of Knox, as a member council of the Eastern Region, through the Knox Housing Statement, recognises the need for the Eastern Region to accommodate approximately 90,000 new households by the year 2030 in accordance with the State Governments metropolitan strategy Melbourne 2030. The Department of Sustainability and Environment have forecast that the population of Knox will grow by 12,000 persons and 15,000 households over the next 25 years to 2030. The Knox Housing Statement provides the strategic direction on how new housing should be accommodated within the City of Knox The purpose of the Knox Housing Statement is to ensure that the future housing needs of the Knox community are met and that housing location and design enhances the liveability attributes of Knox, has regard to neighbourhood character and protects the environmental and landscape significance of the Dandenong Foothills. This will be achieved through the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills. This policy: Applies Clause 12 Metropolitan development to local circumstances. Applies Clause 19.03 Design and built form to local circumstances. Builds on the MSS objectives in Clause 21.07 Promoting the identity and image of Knox, Clause 21.07 Making better use of urban facilities and services, Clause 21.08 Recognising and protecting significant natural features and cultural heritage, Clause 21.09 Enhancing the potential for lifestyle and cultural activities in the community and Clause 21.10 Facilitating effective transportation and movement in and through the municipality.
22.10-1
09/11/2006 C46
22.10-2
09/11/2006 C46
Objectives To encourage sustainable urban growth by directing housing to preferred locations. To encourage a range of housing types and forms to meet the needs of the existing and future community. To ensure that the community has access to social housing owned and managed by public authorities and/or non-profit registered housing associations of different forms and tenures. To ensure that new housing is located where there is access to frequent and reliable public transport services, shopping and community facilities. To ensure that new housing responds to the desired future neighbourhood character for the relevant precinct, approved structure plan or urban design framework.
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To ensure that new development in dispersed residential areas complements and respects the desired future character of the particular area. To recognise that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills. To ensure that lot sizes and built form of housing in the Dandenong Foothills respects the environmental and regional landscape significance of the area. 22.10-3
06/12/2007 C65
Policy It is policy that: Significant growth of housing stock be directed towards locations other than the Dandenong Foothills. Apartment and multi-storey mixed use style housing development be encouraged in the Business Zones within the principal and major activity centres. A mixture of medium density and apartment style development with a range of dwelling types and forms be encouraged in key strategic redevelopment sites. Until a structure plan is approved well designed medium density housing be favourably considered within 400 metres easy walking distance from the edge of business zones in: Principal Activity Centre (Knox Central). Major Activity Centre (Stud Park, Mountain Gate, Bayswater and Boronia).
Until a structure plan is approved well designed medium density housing that respects and complements the desired future character objectives of Clause 22.07 Neighbourhood Character be favourably considered within 400 metres easy walking distance from the edge of business zones in the larger neighbourhood activity centres of Wantirna Mall, Wellington Village, Studfield, Scoresby Village, Rowville Lakes, Knox Gardens and Knoxfield. If an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework. Medium density housing in the business zones of the neighbourhood activity centres of Alchester Village, The Basin, Ferntree Gully and Upper Ferntree Gully recognise and respond to the landscape and environmental sensitivities and existing character of the Foothills by: Minimising the site coverage of buildings. Allowing sufficient space to retain and plant canopy vegetation. Ensuring that buildings are sited to minimise bulk and vegetation loss. Ensuring that the height of buildings sit below or within the existing tree canopy.
Medium density housing be encouraged along the principal public transport network where properties have direct frontage, particularly along the Stud Road Orbital SmartBus Route. Medium density housing, in accordance with capacity, be encouraged on strategic redevelopment sites, such as the Austral Brick Company Pty. Ltd. land on Stud Road, Scoresby, identified on the City of Knox Housing Strategic Framework Plan (Figure 1 to this Clause). Infill medium density housing in dispersed residential locations respects and complements the desired future residential character objectives of Clause 22.07 Neighbourhood Character policy and Clause 22.01 Dandenong Foothills policy, where relevant.
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Different forms and types of social housing owned and managed by public authorities and/or non-profit registered housing associations that meets the needs of the community is encouraged. 22.10-4
09/11/2006 C46
Decision guidelines It is policy that before deciding on an application, the responsible authority will consider, as appropriate, whether: General The proposed development responds sensitively to the environmental and landscape features of the Dandenong Foothills. The proposed development will contribute to a diversity of housing in Knox. The proposed development makes a positive contribution to the desired future urban fabric, amenity and neighbourhood character. The proposed development responds sensitively to the environmental and landscape features of the Dandenong Foothills. There is access to frequent public transport services between 6.00 am and 11.00pm daily, seven days a week. Apartment or multi-storey mixed-use style residential development and key strategic redevelopment sites The proposed development is consistent with a relevant endorsed structure plan or urban design framework. The development site graduates in height from the site boundaries to respect prevailing building height patterns. The development and building design response addresses any potential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas. For larger key strategic redevelopment sites, a variety of architectural styles and forms are provided. Medium density housing The proposed development is consistent with a relevant approved structure plan or urban design framework. The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character policy or an approved structure plan or urban design framework. The proposed development respects the environmental and landscape significance of the Dandenong Foothills as identified at Clause 22.01 Dandenong Foothills policy. Social housing The proposed development owned and managed by public authorities and/or non-profit registered housing associations and provides a type of housing that satisfies an identified housing need within the Knox community.
22.10-5
09/11/2006 C46
Reference documents Knox Housing Statement, City of Knox, 2005 Affordable Housing Plan (draft), City of Knox, 2004
PAGE 3 OF 4
City of Knox Neighbourhood Character Study, Mike Scott and Associates et al., 1999, including the Addendum dated 7 December 2000 FIGURE 1
PAGE 4 OF 4
22.11
07/08/2008 C75
INTERIM MAJOR ACTIVITY CENTRE BOUNDARIES This policy applies to all land in the Residential 1 Zone within the Stud Park and Mountain Gate Major Activity Centres, as defined by the plans to this Clause. Policy basis The Knox Housing Statement (2005) and the City of Knox Neighbourhood Character Study (1999) provide the basis for this policy. It is policy is to direct the majority of new housing to identified activity centres and strategic redevelopment sites that are well located in terms of proximity to public transport, shopping and community facilities. Land in a Residential 1 Zone within the Principal and Major Activity Centre boundaries are the preferred locations for well designed medium density housing. The boundaries of the Knox Central Principal Activity Centre, and Bayswater and Boronia Major Activity Centres, have been defined through the preparation of structure plans, and are reflected in the boundaries between the Residential 1 and Residential 3 Zones. The preparation of structure plans for the wider Stud Park Major Activity Centre and the Mountain Gate Major Activity Centre has not yet commenced. In order to give effect to the Housing policy at Clause 22.10, interim boundaries for the two centres have been defined. The interim boundaries are based on an assessment of a 400 metre walking distance from the edge of the business zones in the two centres, consistent with the objectives of the Knox Housing Statement. The permanent boundaries of the Stud Park Major Activity Centre and Mountain Gate Major Activity Centre will be defined as part of the preparation of structure plans for the two centres. It is expected that the preparation of these plans will commence in 2007-8, and will be completed over a two year timeframe.
22.11-1
09/11/2006 C46
22.11-2
09/11/2006 C46
Objectives To identify interim boundaries for the Stud Park and Mountain Gate Major Activity Centres. Policy It is policy that: The boundary shown in Figure 1 to this Clause is used to define the extent of the Stud Park Major Activity Centre on an interim basis. The boundary shown in Figure 2 to this Clause is used to define the extent of the Mountain Gate Major Activity Centre on an interim basis. Applications for residential development within the interim boundaries of the Stud Park and Mountain Gate Major Activity Centres be assessed against Clause 22.07 Neighbourhood Character policy and Clause 22.10 Housing policy until the boundaries for these activity centres are finalised.
22.11-3
09/11/2006 C46
22.11-4
09/11/2006 C46
Reference documents Knox Housing Statement, City of Knox, 2005 City of Knox Neighbourhood Character Study, Mike Scott & Associates et al, 1999, including the Addendum dated 7 December 2000
PAGE 1 OF 3
22.11-5
07/08/2008 C75
Expiry This Policy expires on 31 October 2009.
Figure 1 Interim boundary for the Stud Park Major Activity Centre
PAGE 2 OF 3
Figure 2 Interim boundary for the Mountain Gate Major Activity Centre
PAGE 3 OF 3
Overlays Zones
30
19/01/2006 VC37
ZONES This section sets out the zones which apply in this scheme.
ZONES CLAUSE 30
PAGE 1 OF 1
31
19/01/2006 VC37
OPERATION OF ZONES In each zone and schedule to a zone which contains a table of uses, the controls over the use of land are divided into three sections.
OPERATION OF ZONES
PAGE 1 OF 1
31.01
19/01/2006 VC37
Section 1 Uses A use in Section 1 does not require a permit. Any condition opposite the use must be met. If the condition is not met, the use is in Section 2 and requires a permit unless the use is specifically included in Section 3 as a use that does not meet the Section 1 condition. Section 2 Uses A use in Section 2 requires a permit. Any condition opposite the use must be met. If the condition is not met, the use is prohibited. Making decisions about section 2 uses Because a use is in Section 2 does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the State Planning Policy Framework, the Local Planning Policy Framework, the purpose and decision guidelines of the zone and any of the other decision guidelines in Clause 65.
31.02
19/01/2006 VC37
31.03
19/01/2006 VC37
Section 3 Uses A use in Section 3 is prohibited.
SECTION USES
PAGE 1 OF 1
32
19/01/2006 VC37
RESIDENTIAL ZONES
RESIDENTIAL ZONES
PAGE 1 OF 1
32.01
15/12/2008 VC50
RESIDENTIAL 1 ZONE Shown on the planning scheme map as R1Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. To encourage residential development that respects the neighbourhood character. In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs.
32.01-1
15/12/2008 VC50
Table of uses Section 1 - Permit not required

USE Animal keeping (other than Animal boarding) Apiculture Bed and breakfast CONDITION Must be no more than 2 animals. Must meet the requirements of the Apiary Code of Practice, May 1997. No more than 6 persons may be accommodated away from their normal place of residence. At least 1 car parking space must be provided for each 2 persons able to be accommodated away from their normal place of residence. Carnival Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must be the only dependent person's unit on the lot.
Circus
Dependent person's unit Dwelling (other than Bed and breakfast) Home occupation Informal outdoor recreation Mineral exploration Mining Minor utility installation Natural systems
Must meet the requirements of Clause 52.08-2.
RESIDENTIAL 1 ZONE
PAGE 1 OF 6
Section 1 - Permit not required (continued)

USE Place of worship CONDITION Must be no social or recreation activities. The gross floor area of all buildings must not exceed 180 square metres. The site must not exceed 1200 square metres. The site must adjoin, or have access to, a road in a Road Zone. Railway Residential aged care facility Road Search for stone Telecommunications facility Tramway Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the
Section 2 - Permit required

USE Accommodation (other than Dependent person's unit, Dwelling and Residential aged care facility) Agriculture (other than Animal keeping, Animal training, Apiculture, Horse stables, and Intensive animal husbandry) Animal keeping (other than Animal boarding) if the Section 1 condition is not met Car park Car wash Community market Convenience restaurant Convenience shop Food and drink premises (other than Convenience restaurant and Take away food premises) Leisure and recreation (other than Informal outdoor recreation and Motor racing track) Medical centre Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) The site must adjoin, or have access to, a road in a Road Zone. The leasable floor area must not exceed 80 square metres. Must be no more than 5 animals. CONDITION
Must be used in conjunction with another use in Section 1 or 2. The site must adjoin, or have access to, a road in a Road Zone.
RESIDENTIAL 1 ZONE
PAGE 2 OF 6
Section 2 - Permit required (continued)

USE Place of assembly (other than Amusement parlour, Carnival, Circus, Nightclub, and Place of worship) Plant nursery Service station The site must either: CONDITION
Adjoin a business zone or industrial zone. Adjoin, or have access to, a road in a Road Zone.
The site must not exceed either:

Store
3000 square metres. 3600 square metres if it adjoins on two boundaries a road in a Road Zone.
Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot. The site must adjoin, or have access to, a road in a Road Zone.
Take away food premises Utility installation (other than Minor utility installation and Telecommunications facility) Any other use not in Section 1 or 3
Section 3 - Prohibited
USE Amusement parlour Animal boarding Animal training Brothel Cinema based entertainment facility Extractive industry Horse stables Industry (other than Car wash) Intensive animal husbandry Motor racing track Nightclub Office (other than Medical centre) Retail premises (other than Community market, Convenience shop, Food and drink premises, and Plant nursery) Saleyard Transport terminal Warehouse (other than Store)
RESIDENTIAL 1 ZONE
PAGE 3 OF 6
32.01-2
09/10/2006 VC42
Subdivision
Permit requirement A permit is required to subdivide land. An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and:

Must meet all of the objectives included in the clauses specified in the following table. Should meet all of the standards included in the clauses specified in the following table.
CLASS OF SUBDIVISION 60 or more lots 16 59 lots OBJECTIVES AND STANDARDS TO BE MET All except Clause 56.03-5. All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3. All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6. Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
3 15 lots
2 lots
Exemption from notice and review An application to subdivide land into lots each containing an existing dwelling or car parking space is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The objectives and standards of Clause 56.
32.01-3
15/09/2008 VC49
Construction and extension of one dwelling on a lot
Permit requirement A permit is required to construct or extend one dwelling on:

A lot of less than 300 square metres. A lot of between 300 square metres and 500 square metres if specified in the schedule to this zone.
A permit is required to construct or extend a front fence within 3 metres of a street if:
The fence is associated with one dwelling on:
A lot of less than 300 square metres, or

PAGE 4 OF 6
RESIDENTIAL 1 ZONE
A lot of between 300 and 500 square metres if specified in a schedule to this zone, and
The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54. No permit required No permit is required to:

Construct or carry out works normal to a dwelling. Construct or extend an out-building (other than a garage or carport) on a lot provided the gross floor area of the out-building does not exceed 10 square metres and the maximum building height is not more than 3 metres above ground level.
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The objectives, standards and decision guidelines of Clause 54.
32.01-4
15/09/2008 VC49
Construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings
Permit requirement A permit is required to:

Construct a dwelling if there is at least one dwelling existing on the lot. Construct two or more dwellings on a lot. Extend a dwelling if there are two or more dwellings on the lot. Construct or extend a dwelling if it is on common property. Construct or extend a residential building.

The fence is associated with 2 or more dwellings on a lot or a residential building, and The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to a development of four or more storeys, excluding a basement. A permit is not required to construct one dependent persons unit on a lot. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
RESIDENTIAL 1 ZONE
PAGE 5 OF 6
32.01-5
19/01/2006 VC37
Requirements of Clause 54 and Clause 55 The schedule to this zone may specify the requirements of:

Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme. Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in the schedule to this zone, the requirement set out in the relevant standard of Clause 54 or Clause 55 applies. 32.01-6
19/01/2006 VC37
Buildings and works associated with a Section 2 use A permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause 32.01-1. Advertising signs Advertising sign requirements are at Clause 52.05. This zone is in Category 3.
32.01-7
19/01/2006 VC37
Notes:
Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land. Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
RESIDENTIAL 1 ZONE
PAGE 6 OF 6
19/01/2006 VC37
SCHEDULE TO THE RESIDENTIAL 1 ZONE Is a permit required to construct or extend one dwelling on a lot of between 300 square metres and 500 square metres?
No
Clause 54 and Clause 55 Standard

Minimum street setback Standard A3 Standard B6 and
Requirement
None specified
Building height
Standard A4 Standard B7
and
None specified
Site coverage
and
None specified
Side and rear setbacks
Standard A10 and Standard B17
None specified
Private open space
None specified None specified
Front fence height
None specified
RESIDENTIAL 1 ZONE - SCHEDULE
PAGE 1 OF 1
32.02
15/12/2008 VC50
RESIDENTIAL 2 ZONE Shown on the planning scheme map as R2Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage residential development at medium or higher densities to make optimum use of the facilities and services available. To encourage residential development that respects the neighbourhood character. In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs.
32.02-1
15/12/2008 VC50

USE Animal keeping (other than Animal boarding) Apiculture Bed and breakfast CONDITION Must be no more than 2 animals.
Must meet the requirements of the Apiary Code of Practice, May 1997. No more than 6 persons may be accommodated away from their normal place of residence. At least 1 car parking space must be provided for each 2 persons able to be accommodated away from their normal place of residence. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must be the only dependent person's unit on the lot.
Carnival
Circus
Dependent person's unit
Dwelling (other than Bed and breakfast) Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation Natural systems
RESIDENTIAL 2 ZONE
PAGE 1 OF 7
Section 1 - Permit not required (continued)

USE Place of worship CONDITION Must be no social or recreation activities. The gross floor area of all buildings must not exceed 180 square metres. The site must not exceed 1200 square metres. The site must adjoin, or have access to, a road in a Road Zone.
Railway Residential aged care facility Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the
Tramway

USE Accommodation (other than Dependent person's unit, Dwelling and Residential aged care facility) Agriculture (other than Animal keeping, Animal training, Apiculture, Horse stables, and Intensive animal husbandry) Animal keeping (other than Animal boarding) if the Section 1 condition is not met Car park Must be no more than 5 animals. CONDITION
Car wash
Community market Convenience restaurant The site must adjoin, or have access to, a road in a Road Zone. The leasable floor area must not exceed 80 square metres.
Convenience shop Food and drink premises (other than Convenience restaurant and Take away food premises) Leisure and recreation (other than Informal outdoor recreation and Motor racing track) Medical centre Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone)
RESIDENTIAL 2 ZONE
PAGE 2 OF 7
Section 2 - Permit required (continued)

USE Place of assembly (other than Amusement parlour, Carnival, Circus, Nightclub, and Place of worship) Plant nursery Service station The site must either: Adjoin a business zone or industrial zone. Adjoin, or have access to, a road in a Road Zone. The site must not exceed either: 3000 square metres. 3600 square metres if it adjoins on two boundaries a road in a Road Zone. Store Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot. The site must adjoin, or have access to, a road in a Road Zone. CONDITION
Take away food premises
Utility installation (other than Minor utility installation and Telecommunications facility) Any other use not in Section 1 or 3
RESIDENTIAL 2 ZONE
PAGE 3 OF 7
32.02-2
09/10/2006 VC42
Subdivision Permit requirement A permit is required to subdivide land. An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and:

CLASS OF SUBDIVISION 60 or more lots 16 59 lots
OBJECTIVES AND STANDARDS TO BE MET All except Clause 56.03-5. All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3. All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6. Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
3 15 lots
2 lots
Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
32.02-3
15/09/2008 VC49

RESIDENTIAL 2 ZONE
PAGE 4 OF 7

32.02-4
15/09/2008 VC49


A development must meet the requirements of Clause 55. This does not apply to a development of four or more storeys, excluding a basement. A permit is not required to construct one dependent persons unit on a lot.
RESIDENTIAL 2 ZONE
PAGE 5 OF 7
RESIDENTIAL 2 ZONE
PAGE 6 OF 7
32.02-5
19/01/2006 VC37

19/01/2006 VC37
Buildings and works associated with a Section 2 use A permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause 32.02-1.
32.02-7
19/01/2006 VC37
Advertising signs Advertising sign requirements are at Clause 52.05. This zone is in Category 3.
Notes:
RESIDENTIAL 2 ZONE
PAGE 7 OF 7
19/01/2006 VC37
SCHEDULE TO THE RESIDENTIAL 2 ZONE Is a permit required to construct or extend one dwelling on a lot of between 300 square metres and 500 square metres?
No

Requirement
None specified
Building height
and
None specified
Site coverage
and
None specified
None specified
Private open space
Front fence height
None specified
PAGE 1 OF 1
32.03
19/01/2006 VC37
LOW DENSITY RESIDENTIAL ZONE Shown on the planning scheme map as LDRZ with a number (if shown).
Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for low-density residential development on lots which, in the absence of reticulated sewerage, can treat and retain all wastewater. 32.03-1
19/01/2006 VC37

Must meet the requirements of the Apiary Code of Practice, May 1997. No more than 6 persons may be accommodated away from their normal place of residence. At least 1 car parking space must be provided for each 2 persons able to be accommodated away from their normal place of residence. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must be the only dependent person's unit on the lot. Must meet the requirements of Clause 32.032. Must be the only dwelling on the lot. Must meet the requirements of Clause 32.032.
Carnival
Circus
Dwelling (other than Bed and breakfast)
Home occupation Informal outdoor recreation Mineral exploration Mining Minor utility installation Natural systems Railway Road Search for stone Must not be costeaning or bulk sampling. Must meet the requirements of Clause 52.082.
LOW DENSITY RESIDENTIAL ZONE
PAGE 1 OF 5
USE Telecommunications facility
CONDITION Buildings and works must requirements of Clause 52.19. meet the
Tramway

USE Accommodation (other than Dependent person's unit and Dwelling) Agriculture (other than Animal keeping, Apiculture and Intensive animal husbandry) Animal boarding Must be no more than 5 animals. Animal keeping (other than Animal boarding) if the Section 1 condition is not met Car park Must be used in conjunction with another use in Section 1 or 2. The site must adjoin, or have access to, a road in a Road Zone. CONDITION
Car wash
Convenience shop
Dependent persons unit if the Section 1 Must meet the requirements of Clause 32.03condition is not met 2. Dwelling (other than Bed and breakfast) - Must result in no more than two dwellings on if the Section 1 condition is not met the lot. Must meet the requirements of Clause 32.032. Food and drink premises (other than Convenience restaurant and Take away food premises) Leisure and recreation (other than Informal outdoor recreation and Motor racing track) Medical centre Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Place of assembly (other than Amusement parlour, Carnival, Circus, and Nightclub) Plant nursery
Service station
The site must either:
PAGE 2 OF 5
USE

CONDITION Adjoin a business zone or industrial zone.
Adjoin, or have access to, a road in a Road Zone. The site must not exceed either: 3000 square metres. 3600 square metres if it adjoins on two boundaries a road in a Road Zone.
Store
Section 3 Prohibited
USE Amusement parlour Brothel Cinema based entertainment facility Extractive industry Industry (other than Car wash) Intensive animal husbandry Motor racing track Nightclub Office (other than Medical centre) Retail premises (other than Community market, Convenience shop, Food and drink premises, and Plant nursery) Saleyard Transport terminal Warehouse (other than Store)
32.03-2
19/01/2006 VC37
Use for one or two dwellings or a dependent persons unit A lot may be used for one or two dwellings provided the following requirements are met: Each dwelling must be connected to reticulated sewerage, if available. If reticulated sewerage is not available, all wastewater from each dwelling must be treated and retained within the lot in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.
PAGE 3 OF 5
Each dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply, with appropriate storage capacity, to the satisfaction of the responsible authority. Each dwelling must be connected to a reticulated electricity supply or have an alternative energy supply to the satisfaction of the responsible authority. These requirements also apply to a dependent persons unit. 32.03-3
09/10/2006 VC42
Subdivision Permit requirement A permit is required to subdivide land. Each lot must be at least the area specified for the land in a schedule to this zone. Any area specified must be at least 0.4 hectare. If no area is specified, each lot must be at least 0.4 hectare. A permit may be granted to create lots smaller than 0.4 hectare if the subdivision: Excises land which is required for a road or a utility installation. Provides for the re-subdivision of existing lots and the number of lots is not increased. Application requirements An application must be accompanied by a site analysis, documenting the site in terms of land form, vegetation coverage and the relationship with surrounding land, and a report explaining how the proposed subdivision has responded to the site analysis. The report must: In the absence of reticulated sewerage, include a land assessment which demonstrates that each lot is capable of treating and retaining all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970. Show for each lot: A building envelope and driveway to the envelope. Existing vegetation. In the absence of reticulated sewerage, an effluent disposal area. Show how the proposed subdivision relates to the existing or likely use and development of adjoining and nearby land. If a staged subdivision, show how the balance of the land may be subdivided. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The protection and enhancement of the natural environment and character of the area including the retention of vegetation and faunal habitat and the need to plant vegetation along waterways, gullies, ridgelines and property boundaries. The availability and provision of utility services, including sewerage, water, drainage, electricity, gas and telecommunications.
PAGE 4 OF 5
In the absence of reticulated sewerage: The capability of the lot to treat and retain all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970. The benefits of restricting the size of lots to the minimum required to treat and retain all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria). The benefits of restricting the size of lots to generally no more than 2 hectares to enable lots to be efficiently maintained without the need for agricultural techniques and equipment. The relevant standards of Clauses 56.07-1 to 56.07-4. 32.03-4
19/01/2006 VC37
Buildings and works A permit is required to construct or carry out any of the following: A building or works associated with a use in Section 2 of Clause 32.03-1. An outbuilding which has dimensions greater than those specified in the schedule to this zone.
32.03-5
19/01/2006 VC37
Advertising signs Advertising sign requirements are at Clause 52.05. This zone is in Category 3. Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land. Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
Notes:
PAGE 5 OF 5
19/01/2006 VC37
SCHEDULE TO THE LOW DENSITY RESIDENTIAL ZONE Shown on the planning scheme map as LDRZ. Land
Minimum (hectares). subdivision area None specified
Area
Dimensions above which a permit is required to construct an outbuilding

None specified
LOW DENSITY RESIDENTIAL ZONE - SCHEDULE
PAGE 1 OF 1
32.04
15/12/2008 VC50
MIXED USE ZONE Shown on the planning scheme map as MUZ. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality. To encourage residential development that respects the neighbourhood character.
32.04-1
15/12/2008 VC50
Table of uses Section 1 Permit not required

Must meet the requirements of the Apiary Code of Practice, May 1997. No more than 6 persons may be accommodated away from their normal place of residence. At least 1 car parking space must be provided for each 2 persons able to be accommodated away from their normal place of residence. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must be the only dependent persons unit on the lot.
Carnival
Circus
Dependent persons unit
Dwelling (other than Bed and breakfast) Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation Natural systems Place of worship Must be no social or recreation activities. The gross floor area of all buildings must not exceed 180 square metres. The site must not exceed 1200 square metres. The site must adjoin, or have access to, a road in a Road Zone.
MIXED USE ZONE
PAGE 1 OF 6
Section 1 Permit not required (continued)

USE Railway Residential aged care facility Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the CONDITION
Tramway

USE Accommodation (other than Dependent person's unit, Dwelling and Residential aged care facility) Agriculture (other than Animal keeping and Apiculture) Animal boarding Animal keeping (other than Animal Must be no more than 5 animals. boarding) if the Section 1 condition is not met Industry Must not be a purpose listed in the table to Clause 52.10. CONDITION
Leisure and recreation (other than Informal outdoor recreation) Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Office The combined leasable floor area for all offices must not exceed any amount specified in the schedule to this zone.
Place of assembly (other than Carnival, Circus, and Place of worship) Retail premises (other than Shop and Trade supplies) Shop (other than Adult sex bookshop) The combined leasable floor area for all shops must not exceed any amount specified in the schedule to this zone. The combined leasable floor area for all trade supplies must not exceed any amount specified in the schedule to this zone.
Trade supplies
Utility installation (other than Minor utility installation and Telecommunications facility). Warehouse Must not be a purpose listed in the table to Clause 52.10.
Any other use not in Section 1 or 3
MIXED USE ZONE
PAGE 2 OF 6
USE Adult sex bookshop Brothel Extractive industry
32.04-2
15/09/2008 VC49
Use for industry and warehouse Amenity of the neighbourhood The use of land for an industry or warehouse must not adversely affect the amenity of the neighbourhood, including through:

The transport of materials or goods to or from the land. The appearance of any stored materials or goods. Traffic generated by the use. Emissions from the land.
Application requirements Unless the circumstances do not require, an application to use land for an industry or warehouse must be accompanied by the following information:

The purpose of the use and the types of activities to be carried out. The type and quantity of materials and goods to be stored, processed or produced. Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority. Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded. How land not required for immediate use is to be maintained. The likely effects, if any, on the neighbourhood, including noise levels, traffic, air-borne emissions, emissions to land and water, light spill, glare, solar access and hours of operation (including the hours of delivery and dispatch of materials and goods).
Decision guidelines Before deciding on an application to use land for an industry or warehouse, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect that existing uses on adjoining or nearby land may have on the proposed use. The design of buildings, including provision for solar access. The availability and provision of utility services. The effect of traffic to be generated by the use. The interim use of those parts of the land not required for the proposed use.
MIXED USE ZONE
PAGE 3 OF 6
32.04-3
09/10/2006 VC42
Subdivision Permit requirement A permit is required to subdivide land. An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and:

CLASS OF SUBDIVISION 60 or more lots 16 59 lots
OBJECTIVES AND STANDARDS TO BE MET All except Clause 56.03-5. All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3. All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6. Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
3 15 lots
2 lots
32.04-4
15/09/2008 VC49


A lot of less than 300 square metres, or A lot of between 300 and 500 square metres if specified in a schedule to this zone, and
PAGE 4 OF 6
MIXED USE ZONE

32.04-5
15/09/2008 VC49


A development must meet the requirements of Clause 55. This does not apply to a development of four or more storeys, excluding a basement. A permit is not required to construct one dependent persons unit on a lot. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
MIXED USE ZONE
PAGE 5 OF 6
32.04-6
19/01/2006 VC37

19/01/2006 VC37
32.04-8
19/01/2006 VC37
Notes:
MIXED USE ZONE
PAGE 6 OF 6
10/09/2009 C80
SCHEDULE TO THE MIXED USE ZONE Land Maximum combined leasable floor area (m2) for office. Maximum combined leasable floor area (m2) for shop (other than adult sex book shop).
1000
Maximum combined leasable floor area (m2) for trade supplies.
525 Stud Road, Scoresby being the former Austral Bricks Site. (generally opposite Mockridge St.)
500
700
Is a permit required to construct or extend one dwelling on a lot of between 300 square metres and 500 square metres?
No

Requirement
None specified
Building height
and
None specified
Site coverage
and
None specified
None specified
Private open space
Front fence height
None specified
MIXED USE ZONE - SCHEDULE
PAGE 1 OF 1
32.06
15/12/2008 VC50
RESIDENTIAL 3 ZONE Shown on the planning scheme map as R3Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. To encourage residential development that respects the neighbourhood character. To limit the maximum height of a dwelling or residential building. In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs.
32.06-1
15/12/2008 VC50

USE Animal keeping (other than Animal boarding) Apiculture CONDITION Must be no more than 2 animals.
Must meet the requirements of the Apiary Code of Practice, May 1997. No more than 6 persons may be accommodated away from their normal place of residence. At least 1 car parking space must be provided for each 2 persons able to be accommodated away from their normal place of residence.
Bed and breakfast
Carnival
Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must be the only dependent person's unit on the lot.
Circus
Dwelling (other than Bed and breakfast) Home occupation Informal outdoor recreation Mineral exploration Mining Minor utility installation Natural systems Place of worship Must be no social or recreation activities. The gross floor area of all buildings must not RESIDENTIAL 3 ZONE PAGE 1 OF 6 Must meet the requirements of Clause 52.08-2.
USE
CONDITION exceed 180 square metres. The site must not exceed 1200 square metres. The site must adjoin, or have access to, a road in a Road Zone.
Railway Residential aged care facility Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the
Tramway

USE Accommodation (other than Dependent person's unit, Dwelling and Residential aged care facility) Agriculture (other than Animal keeping, Animal training, Apiculture, Horse stables, and Intensive animal husbandry) Animal keeping (other than Animal boarding) if the Section 1 condition is not met Car park Must be no more than 5 animals. CONDITION
Car wash
Convenience shop
Food and drink premises (other than Convenience restaurant and Take away food premises) Leisure and recreation (other than Informal outdoor recreation and Motor racing track) Medical centre Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone)
RESIDENTIAL 3 ZONE
PAGE 2 OF 6
USE Place of assembly (other than Amusement parlour, Carnival, Circus, Nightclub, and Place of worship) Plant nursery Service station
CONDITION
The site must either:


Store
RESIDENTIAL 3 ZONE
PAGE 3 OF 6
32.06-2
09/10/2006 VC42
Subdivision
Permit requirement A permit is required to subdivide land. An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and:
CLASS OF SUBDIVISION 60 or more lots 16 59 lots OBJECTIVES AND STANDARDS TO BE MET All except Clause 56.03-5. All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3. All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.052, 56.06-1, 56.06-3 and 56.06-6. Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
3 15 lots
2 lots
Exemption from notice and review An application to subdivide land into lots each containing an existing dwelling or car parking space is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
The objectives and standards of Clause 56.

32.06-3
15/09/2008 VC49
A lot of less than 300 square metres. A lot of between 300 square metres and 500 square metres if specified in the schedule to
this zone. A permit is required to construct or extend a front fence within 3 metres of a street if:
RESIDENTIAL 3 ZONE
PAGE 4 OF 6

Construct or carry out works normal to a dwelling. Construct or extend an out-building (other than a garage or carport) on a lot provided
the gross floor area of the out-building does not exceed 10 square metres and the maximum building height is not more than 3 metres above ground level. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The objectives, standards and decision guidelines of Clause 54.

32.06-4
15/09/2008 VC49
A development must meet the requirements of Clause 55. A permit is not required to construct one dependent persons unit on a lot. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The objectives, standards and decision guidelines of Clause 55.
RESIDENTIAL 3 ZONE
PAGE 5 OF 6
32.06-5
19/01/2006 VC37
Maximum building height of a dwelling or residential building The maximum building height of a dwelling or residential building must not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height must not exceed 10 metres. This does not apply to:
An extension of an existing dwelling or residential building that exceeds the specified

building height provided that the extension does not exceed the existing building height.
A dwelling or residential building which exceeds the specified building height for
which a valid planning or building permit was in effect prior to the introduction of this provision.
19/01/2006 VC37
32.06-6
Standards A3, A5, A10, A17 and A20 of Clause 54 of this scheme. Standards B6, B8, B17, B28 and B32 of Clause 55 of this scheme.
17/09/2007 VC45
32.06-8
19/01/2006 VC37
Notes:
RESIDENTIAL 3 ZONE
PAGE 6 OF 6
06/12/2007 C65
SCHEDULE TO THE RESIDENTIAL 3 ZONE
Is a permit required to construct or extend one dwelling on a lot of between 300 square metres and 500 square metres? No
Clause 54 and Clause 55 Standard Minimum street setback Standard A3 and Standard B6
Requirement
None specified
Site coverage
None specified
None specified
Private open space
Standard A17
Private open space consisting of an area of 80 square metres or 20 per cent of the area of the lot, whichever is the lesser, but not less than 60 square metres. At least one part of the private open space should consist of secluded private open space with a minimum area of 40 square metres and a minimum dimension of 5 metres at the side or rear of the dwelling with convenient access from a living room. Private open space consisting of: An area of 60 m with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with minimum area of 40m with a minimum dimension of 5 metres of secluded private open space with convenient access from a living room,or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.
Standard B28
PAGE 1 OF 2
Clause 54 and Clause 55 Standard Front fence height Standard A20 and Standard B32
Requirement
Streets in a Road Zone, Category 1 Other streets
2 metres 1.2 metres
PAGE 2 OF 2
33
19/01/2006 VC37
INDUSTRIAL ZONES
INDUSTRIAL ZONES
PAGE 1 OF 1
33.01
15/09/2008 VC49
INDUSTRIAL 1 ZONE Shown on the planning scheme map as IN1Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.
33.01-1
19/01/2006 VC37

USE Apiculture CONDITION Must meet the requirements of the Apiary Code of Practice, May 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997.
Carnival
Circus
Crop raising Extensive animal husbandry Home occupation Industry (other than Materials recycling) Must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10. The land must be at least the following distances from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:
The threshold distance, for a purpose listed in the table to Clause 52.10. 30 metres, for a purpose not listed in the table to Clause 52.10.
Must not adversely affect the amenity of the neighbourhood, including through the:
Transport of materials, goods commodities to or from the land.
or
Appearance of any stored goods or materials. Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.
INDUSTRIAL 1 ZONE
PAGE 1 OF 7
USE Informal outdoor recreation Mail centre Mineral exploration Mining
CONDITION
Minor utility installation Natural systems Railway Road Search for stone Service station Must not be costeaning or bulk sampling. The land must be at least 30 metres from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10. The land must be at least the following distances from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:
Shipping container storage
The site must adjoin, or have access to, a road in a Road Zone. Shipping containers must be setback at least 9 metres from a road in a Road Zone. The height of shipping container stacks must not exceed 6 containers or 16 metres, whichever is the lesser. Must not adversely affect the amenity of the neighbourhood, including through the:
Transport of materials, goods or commodities to or from the land. Appearance of any stored goods or materials. Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. meet the
Telecommunications facility
Buildings and works must requirements of Clause 52.19.
Tramway
INDUSTRIAL 1 ZONE
PAGE 2 OF 7
USE Warehouse (other than Mail centre and Shipping container storage)
CONDITION Must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10. The land must be at least the following distances from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:
Must not adversely affect the amenity of the neighbourhood, including through the:
Transport of materials, goods commodities to or from the land.
or
Appearance of any stored goods or materials. Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

USE Adult sex bookshop CONDITION Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or Business 5 Zone, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school.
Agriculture (other than Apiculture, Crop raising, Extensive animal husbandry, and Intensive animal husbandry) Caretaker's house Convenience shop Education centre Equestrian supplies Leisure and recreation (other than Informal outdoor recreation) Lighting shop Must be in one occupation with a leasable floor area of at least the amount specified in the schedule to this zone. If no amount is specified, the leasable floor area must be at least 500 square metres. The land must be at least 30 metres from land (not a road) which is in a residential Must not be a primary or secondary school.
Materials recycling
INDUSTRIAL 1 ZONE
PAGE 3 OF 7
USE
CONDITION zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
Mineral, stone, or soil extraction (other than Mineral exploration, Mining, and Search for stone)
Office
The leasable floor area must not exceed 500 square metres.
Party supplies Place of assembly (other than Carnival and Circus) Restricted retail premises (other than Must be in one occupation with a leasable Equestrian supplies, Lighting shop, and floor area of at least the amount specified in Party supplies) the schedule to this zone. If no amount is specified, the leasable floor area must be at least 1000 square metres. Retail premises (other than Shop)
Utility installation (other than Minor utility Any gas holder, or sewerage or refuse installation and Telecommunications treatment or disposal works, must be at facility). least 30 metres from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Any other use not in Section 1 or 3
USE Accommodation (other than Caretaker's house) Cinema based entertainment facility Hospital Intensive animal husbandry Shop (other than Adult sex bookshop, Convenience shop and Restricted retail premises)
15/09/2008 33.01-2 VC49
Use of land
Application requirements An application to use land for an industry or warehouse must be accompanied by the following information, as appropriate:
INDUSTRIAL 1 ZONE
PAGE 4 OF 7
The purpose of the use and the types of processes to be utilised. The type and quantity of goods to be stored, processed or produced. How land not required for immediate use is to be maintained. Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority. Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded. The likely effects, if any, on the neighbourhood, including:
Noise levels. Air-borne emissions. Emissions to land or water. Traffic, including the hours of delivery and despatch. Light spill or glare.
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to any comments or directions of the referral authorities. The effect that nearby industries may have on the proposed use. The drainage of the land. The availability of and connection to services. The effect of traffic to be generated on roads. The interim use of those parts of the land not required for the proposed use.
33.01-3
19/01/2006 VC37
Subdivision Permit requirement A permit is required to subdivide land. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
INDUSTRIAL 1 ZONE
PAGE 5 OF 7
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any natural or cultural values on or near the land. Streetscape character. Landscape treatment. Interface with non-industrial areas.
33.01-4
15/09/2008 VC49
Buildings and works Permit requirement A permit is required to construct a building or construct or carry out works. This does not apply to:
A building or works which rearrange, alter or renew plant if the area or height of the plant is not increased. A building or works which are used for crop raising, extensive animal husbandry or informal outdoor recreation. A rainwater tank with a capacity of more than 4500 litres if the following requirements are met:
The rainwater tank is not located within the buildings setback from a street (other than a lane). The rainwater tank is no higher than the existing building on the site. The rainwater tank is not located in an area that is provided for car parking, loading, unloading or accessway.
Application requirements An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:
A plan drawn to scale which shows:
The boundaries and dimensions of the site. Adjoining roads. Relevant ground levels. The layout of existing and proposed buildings and works. Driveways and vehicle parking and loading areas. Proposed landscape areas. External storage and waste treatment areas.
Elevation drawings to scale which show the colour and materials of all buildings and works. Construction details of all drainage works, driveways and vehicle parking and loading areas.
INDUSTRIAL 1 ZONE
PAGE 6 OF 7
A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, a site works specification and the method of preparing, draining, watering and maintaining the landscape area.
Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any natural or cultural values on or near the land. Streetscape character. Built form. Landscape treatment. Interface with non-industrial areas. Parking and site access. Loading and service areas. Outdoor storage. Lighting. Stormwater discharge.
Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority. 33.01-5
19/01/2006 VC37
Notes:
INDUSTRIAL 1 ZONE
PAGE 7 OF 7
19/01/2006 VC37
SCHEDULE TO THE INDUSTRIAL 1 ZONE Land Minimum leasable floor area (m2) for lighting shop. Minimum leasable floor area (m2) for restricted retail premises (other than equestrian supplies, lighting shop and party supplies).
None specified
INDUSTRIAL 1 ZONE - SCHEDULE
PAGE 1 OF 1
34
19/01/2006 VC37
BUSINESS ZONES
BUSINESS ZONES
PAGE 1 OF 1
34.01
21/09/2009 VC60
BUSINESS 1 ZONE Shown on the planning scheme map as B1Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses.
34.01-1
19/01/2006 VC37

USE Apiculture CONDITION Must meet the requirements of the Apiary Code of Practice, May 1997.
Betting agency Caretakers house Carnival Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretaker's house).
Child care centre
Cinema Cinema based entertainment facility Circus Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Any frontage at ground floor level must not exceed 2 metres. Any frontage at ground floor level must not exceed 10 metres and access must not be shared with a dwelling (other than a caretakers house). Must not be a primary or secondary school. May be used for only 4 months before an election and 2 weeks after an election.
Dwelling (other than Bed and breakfast and Caretakers house) Education centre
Electoral office
Food and drink premises (other than Hotel, Restaurant and Tavern) Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.082.
Minor utility installation
BUSINESS 1 ZONE
PAGE 1 OF 7
USE Natural systems Office (other than Electoral office)
CONDITION
The combined leasable floor area for all offices must not exceed any amount specified in the schedule to this zone. Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretakers house), unless the office is a bank, real estate agency, travel agency, or any other office where the floor space adjoining the frontage is a customer service area accessible to the public.
Postal agency Railway Restaurant Must not be on land specified in the schedule to this zone.
Road Search for stone Shop (other than Adult sex bookshop) Must not be costeaning or bulk sampling. The combined leasable floor area for all shops must not exceed any amount specified in the schedule to this zone. Buildings and works must requirements of Clause 52.19. meet the
Trade supplies
The combined leasable floor area for all trade supplies must not exceed any amount specified in the schedule to this zone.
Tramway

USE Accommodation (other than Corrective institution and Dwelling) Adult sex bookshop Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or Business 5 Zone, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school. CONDITION
Agriculture (other than Apiculture, Intensive animal husbandry) Bed and breakfast Hotel Industry Must not be a purpose listed in the table to Clause 52.10.
Leisure and recreation facility (other than Informal outdoor recreation, Major sports
BUSINESS 1 ZONE
PAGE 2 OF 7
USE and recreation facility, and Motor racing track) Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Place of assembly (other than Carnival, Cinema, and Circus) Retail premises (other than Betting agency, Food and drink premises, Postal agency, Shop, and Trade supplies) Tavern Utility installation (other than Minor utility installation and Telecommunications facility) Warehouse Any other use not in Section 1 or 3
CONDITION
Must not be a purpose listed in the table to Clause 52.10.
USE Corrective institution Extractive industry Intensive animal husbandry Major sports and recreation facility Motor racing track
34.01-2
21/09/2009 VC60
Use of land Amenity of the neighbourhood A use must not detrimentally affect the amenity of the neighbourhood, including through the:

Transport of materials, goods or commodities to or from the land. Appearance of any building, works or materials. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.
Application requirements An application to use land must be accompanied by the following information, as appropriate:

The purpose of the use and the types of activities which will be carried out. The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare. The means of maintaining land not required for immediate use.
BUSINESS 1 ZONE
PAGE 3 OF 7
If an industry or warehouse: The type and quantity of goods to be stored, processed or produced. Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority. Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded. The likely effects on adjoining land, including air-borne emissions and emissions to land and water.
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect that existing uses may have on the proposed use. The drainage of the land. The availability of and connection to services. The effect of traffic to be generated on roads. The interim use of those parts of the land not required for the proposed use.
34.01-3
19/01/2006 VC37
Subdivision Permit requirement A permit is required to subdivide land. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Provision for vehicles providing for supplies, waste removal and emergency services and public transport. The interface with adjoining zones, especially the relationship with residential areas. The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths.
BUSINESS 1 ZONE
PAGE 4 OF 7
34.01-4
30/08/2006 VC40
Buildings and works Permit requirement A permit is required to construct a building or construct or carry out works. This includes the internal rearrangement of a building if the maximum leasable floor area specified in the schedule to this zone is exceeded. This does not apply to:

The installation of an automatic teller machine. An alteration to an existing building faade provided: The alteration does not include the installation of an external roller shutter. At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing.
An awning that projects over a road if it is authorised by the relevant public land manager.
Application requirements An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:
A plan drawn to scale which shows: The boundaries and dimensions of the site. Adjoining roads. The location, height and purpose of buildings and works on adjoining land. Relevant ground levels. The layout of existing and proposed buildings and works. All driveway, car parking and loading areas. Proposed landscape areas. All external storage and waste treatment areas. Areas not required for immediate use.
Elevation drawings to scale showing the colour and materials of all buildings and works. Construction details of all drainage works, driveways, vehicle parking and loading areas. A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area.
Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
BUSINESS 1 ZONE
PAGE 5 OF 7
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. The provision of car parking. The interface with adjoining zones, especially the relationship with residential areas. The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road. The storage of rubbish and materials for recycling. Defining the responsibility for the maintenance of buildings, landscaping and paved areas. The availability of and connection to services. The design of buildings to provide for solar access. The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to a development of four or more storeys, excluding a basement.
Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority. 34.01-5
19/01/2006 VC37
Neighbourhood and site description and design response An application for any of the following must be accompanied by a neighbourhood and site description and a design response as described in Clause 54.01:

Construction or extension of one dwelling on a lot of less than 300 square metres. Construction of a dwelling if there is at least one dwelling existing on the lot. Construction of two or more dwellings on a lot. Extension of a dwelling if there are two or more dwellings on the lot. Construction or extension of a dwelling on common property. Construction or extension of a residential building.
Satisfactory neighbourhood and site description before notice and decision The responsible authority must inform the applicant in writing:

Before notice of an application is given, or If notice of an application is not required to be given, before deciding the application,
that the neighbourhood and site description meets the requirements of Clause 54.01 and is satisfactory or does not meet the requirements of Clause 54.01 and is not satisfactory.
BUSINESS 1 ZONE
PAGE 6 OF 7
If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause 54.01 and is satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act. 34.01-6
19/01/2006 VC37
Notes:
BUSINESS 1 ZONE
PAGE 7 OF 7
19/01/2006 VC37
SCHEDULE TO THE BUSINESS 1 ZONE Land Maximum combined leasable floor area (m2) for office (other than electoral office).
None specified
Maximum combined leasable floor area (m2) for shop (other than adult sex book shop).
26,500
Maximum combined leasable floor area (m2) for trade supplies.
East side of Stud Road, described as part Crown Allotments 3 and 5, Parish of Narre Warren, known as Stud Park Shopping Centre North-east corner of Burwood Highway and Stud Road, Wantirna South, known as Knox City/Towerpoint Shopping Centre
None specified
None specified
116,500. This does not include leasable floor area used for restricted retail premises. If on 1 June 2010 the leasable floor area used for shop (not including restricted retail premises) does not exceed 86,500 square metres, a permit is required to use any additional floor area, constructed after that date, for a shop.
None specified
Land on which a permit is required for restaurant

None specified
BUSINESS 1 ZONE - SCHEDULE
PAGE 1 OF 1
34.02
19/01/2006 VC37
BUSINESS 2 ZONE Shown on the planning scheme map as B2Z.
Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage the development of offices and associated commercial uses. 34.02-1
19/01/2006 VC37

Caretaker's house Carnival Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997.
Circus
Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.082.
Minor utility installation Natural systems Office The combined leasable floor area for all offices must not exceed any amount specified in the schedule to this zone.
Postal agency Railway Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the
Tramway
BUSINESS 2 ZONE
PAGE 1 OF 7

USE Accommodation (other than Caretaker's house and Corrective institution) Adult sex bookshop Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or Business 5 Zone, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school. The combined leasable floor area for all shops must not exceed any amount specified in the schedule to this zone. Agriculture (other than Apiculture and Intensive animal husbandry) CONDITION
Industry
Must not be a purpose listed in the table to Clause 52.10.
Leisure and recreation (other than Informal outdoor recreation, Major sports and recreation facility, and Motor racing track) Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Place of assembly (other than Carnival and Circus) Retail premises (other than Postal agency, Shop, and Timber yard)
Shop (other than Adult sex bookshop)
The combined leasable floor area for all shops must not exceed any amount specified in the schedule to this zone.
Utility installation (other than Minor utility installation and Telecommunications facility) Warehouse Must not be a purpose listed in the table to Clause 52.10.
Any other use not in Section 1 or 3
BUSINESS 2 ZONE
PAGE 2 OF 7
USE Corrective institution Extractive industry Intensive animal husbandry Major sports and recreation facility Motor racing track Timber yard
34.02-2
09/10/2006 VC42
Use of land Amenity of the neighbourhood A use must not detrimentally affect the amenity of the neighbourhood, including through the: Transport of materials, goods or commodities to or from the land. Appearance of any building, works or materials. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. Application requirements An application to use land must be accompanied by the following information, as appropriate: The purpose of the use and the types of activities which will be carried out. The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and dispatch of goods and materials, hours of operation and light spill, solar access and glare. The means of maintaining land not required for immediate use. If an industry or warehouse: The type and quantity of goods to be stored, processed or produced. Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority. Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1995 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded. The likely effects on adjoining land, including air-borne emissions and emissions to land and water. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
BUSINESS 2 ZONE
PAGE 3 OF 7
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect that existing uses may have on the proposed use. The drainage of the land. The availability of and connection to services. The effect of traffic to be generated on roads. The interim use of those parts of the land not required for the proposed use. 34.02-3
19/01/2006 VC37
Subdivision Permit requirement A permit is required to subdivide land. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Provision for vehicles providing for supplies, waste removal and emergency services and public transport. The interface with adjoining zones, especially the relationship with residential areas. The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths.
34.02-4
30/08/2006 VC40
Buildings and works Permit requirement A permit is required to construct a building or construct or carry out works. This includes the internal rearrangement of a building if the maximum leasable floor area specified in the schedule to this zone is exceeded. This does not apply to: The installation of an automatic teller machine. An alteration to an existing building faade provided: The alteration does not include the installation of an external roller shutter. At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing.
BUSINESS 2 ZONE
PAGE 4 OF 7
An awning that projects over a road if it is authorised by the relevant public land manager. Application requirements An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate: A plan drawn to scale which shows: The boundaries and dimensions of the site. Adjoining roads. The location, height and purpose of buildings and works on adjoining land. Relevant ground levels. The layout of existing and proposed buildings and works. All driveway, car parking and loading areas. Proposed landscape areas. All external storage and waste treatment areas. Areas not required for immediate use. Elevation drawings to scale showing the colour and materials of all buildings and works. Construction details of all drainage works, driveways, vehicle parking and loading areas. A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. The provision of car parking. The interface with adjoining zones, especially the relationship with residential areas. The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the
BUSINESS 2 ZONE
PAGE 5 OF 7
treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and landscaping of land adjoining a road. The storage of rubbish and materials for recycling. Defining the responsibility for the maintenance of buildings, landscaping and paved areas. The availability of and connection to services. The design of buildings to provide for solar access. The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to a development of four or more storeys, excluding a basement. Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority. 34.02-5
19/01/2006 VC37
Neighbourhood and site description and design response An application for any of the following must be accompanied by a neighbourhood and site description and a design response as described in Clause 54.01: Construction or extension of one dwelling on a lot of less than 300 square metres. Construction of a dwelling if there is at least one dwelling existing on the lot. Construction of two or more dwellings on a lot. Extension of a dwelling if there are two or more dwellings on the lot. Construction or extension of a dwelling on common property. Construction or extension of a residential building. Satisfactory neighbourhood and site description before notice and decision The responsible authority must inform the applicant in writing: Before notice of an application is given; or If notice of an application is not required to be given, before deciding the application, that the neighbourhood and site description meets the requirements of Clause 54.01 and is satisfactory or does not meet the requirements of Clause 54.01 and is not satisfactory. If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause 54.01 and is satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act.
34.02-6
19/01/2006 VC37
BUSINESS 2 ZONE
PAGE 6 OF 7
Notes:
BUSINESS 2 ZONE
PAGE 7 OF 7
19/01/2006 VC37
SCHEDULE TO THE BUSINESS 2 ZONE Land Maximum combined leasable floor area (m2) for office.
None specified
Maximum combined leasable floor area (m2) for shop.

250 per lot
All land
PAGE 1 OF 1
34.03
19/01/2006 VC37
BUSINESS 3 ZONE Shown on the planning scheme map as B3Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage the integrated development of offices and manufacturing industries and associated commercial and industrial uses.
34.03-1
19/01/2006 VC37

USE Apiculture CONDITION Must meet the requirements of the Apiary Code of Practice, May 1997. Must meet the requirements of A 'Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A 'Good Neighbour Code of Practice for a Circus or Carnival, October 1997.
Carnival
Circus
Home occupation Industry (other than Materials recycling) Must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10. The land must be at least the following distances from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:
Informal outdoor recreation Mail centre Mineral exploration Mining Must meet the requirements of Clause 52.082.
Minor utility installation Natural systems Office The combined leasable floor area for all offices must not exceed any amount specified in the schedule to this zone.
BUSINESS 3 ZONE
PAGE 1 OF 7
USE Postal agency Railway Road Search for stone Telecommunications facility
CONDITION
Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19 meet the
Tramway Warehouse (other than Mail centre and Shipping container storage) Must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10. The land must be at least the following distances from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:

Agriculture (other than Apiculture and Intensive animal husbandry) Caretaker's house Convenience shop Education centre Equestrian supplies Leisure and recreation (other than Informal outdoor recreation, Major sports and recreation facility, and Motor racing track) Lighting shop Must be in one occupation with a leasable floor area of at least the amount specified in the schedule to this zone. If no amount is specified, the leasable floor area must be at least 500 square metres. Must not be a primary or secondary school.
Materials recycling
BUSINESS 3 ZONE
PAGE 2 OF 7
USE Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Party supplies Place of assembly (other than Carnival or Circus)
CONDITION
Must be in one occupation with a leasable Restricted retail premises (other than Equestrian supplies, Lighting shop, and floor area of at least the amount specified in the schedule to this zone. If no amount is Party supplies) specified, the leasable floor area must be at least 1000 square metres. Retail premises (other than Postal agency and Shop) Shipping container storage Utility installation (other than Minor utility installation and Telecommunications facility) Any other use not in Section 1 or 3
USE Accommodation (other than Caretaker's house) Extractive industry Hospital Intensive animal husbandry Major sports and recreation facility Motor racing track Shop (other than Adult sex bookshop, Convenience shop, and Restricted retail premises)
34.03-2
09/10/2006 VC42
Use of land Amenity of the neighbourhood A use must not detrimentally affect the amenity of the neighbourhood, including through the: Transport of materials, goods or commodities to or from the land. Appearance of any building, works or materials. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. Application requirements An application to use land must be accompanied by the following information, as appropriate:
BUSINESS 3 ZONE
PAGE 3 OF 7
The purpose of the use and the types of activities which will be carried out. The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of goods or materials, hours of operation and light spill, solar access and glare. The means of maintaining areas not required for immediate use. If an industry or warehouse: The type and quantity of goods to be stored, processed or produced. Whether a Works Approval, or Waste Discharge Licence is required from the Environment Protection Authority. Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1995 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded. The likely effects on adjoining land, including air-borne emissions and emissions to land and water. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect that existing uses may have on the proposed use. The drainage of the land. The availability of and connection to services. The effect of traffic to be generated on roads. The interim use of those parts of the land not required for the proposed use. If an industry or warehouse, the effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to any comments or directions of the referral authorities. 34.03-3
19/01/2006 VC37
Subdivision Permit requirement A permit is required to subdivide land. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
BUSINESS 3 ZONE
PAGE 4 OF 7
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths. Any natural or cultural values on or near the land. Streetscape character. Landscape treatment. The interface with adjoining zones, especially the relationship with residential areas. 34.03-4
30/08/2006 VC40
Buildings and works Permit requirement A permit is required to construct a building or construct or carry out works. This includes the internal rearrangement of a building if the maximum leasable floor area specified in the schedule to this zone is exceeded. This does not apply to: The installation of an automatic teller machine. An alteration to an existing building faade provided: The alteration does not include the installation of an external roller shutter. At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing. An awning that projects over a road if it is authorised by the relevant public land manager. Application requirements An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate: A plan drawn to scale which shows: The boundaries and dimensions of the site. Adjoining roads. The location, height and purpose of buildings and works on adjoining land. Relevant ground levels. The layout of existing and proposed buildings and works. All driveway, car parking and loading areas. Proposed landscape areas. All external storage and waste treatment areas. Areas not required for immediate use.
BUSINESS 3 ZONE
PAGE 5 OF 7
Elevation drawings to scale showing the colour and materials of all buildings and works. Construction details of all drainage works, driveways, vehicle parking and loading areas. A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. The provision of car parking. The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and landscaping of land adjoining a road. Defining the responsibility for the maintenance of buildings, landscaping and paved areas. The availability of and connection to services. Any natural or cultural values on or nearby the land. Interface with non industrial areas. Outdoor storage, lighting, and storm water discharge. The design of buildings to provide for solar access. Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority. 34.03-5
19/01/2006 VC37
BUSINESS 3 ZONE
PAGE 6 OF 7
Notes:
BUSINESS 3 ZONE
PAGE 7 OF 7
22/05/2008 C73
SCHEDULE TO THE BUSINESS 3 ZONE Land Maximum combined leasable floor area (m2) for office. Minimum leasable floor area (m2) for lighting shop. Minimum leasable floor area (m2) for restricted retail premises (other than equestrian supplies, lighting shop and party supplies).
None specified
5 Burwood Highway, Wantirna (corner Mountain Highway and Burwood Highway) All other land
7,000
None specified
None specified
350
500
PAGE 1 OF 1
34.04
19/01/2006 VC37
BUSINESS 4 ZONE Shown on the planning scheme map as B4Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage the development of a mix of bulky goods retailing and manufacturing industry and their associated business services.
34.04-1
30/08/2006 VC40

USE Apiculture CONDITION Must meet the requirements of the Apiary Code of Practice, May 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. May be used for only 4 months before an election and 2 weeks after an election. The combined leasable floor area for all restricted retail premises must not exceed any amount specified in the schedule to this zone. Must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10. The land must be at least the following distances from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:
Carnival
Circus
Electoral office
Equestrian supplies
Industry (other than Materials recycling)
The threshold distance, for a purpose listed in the table distance Clause 52.10. 30 metres, for a purpose not listed in the table to Clause 52.10.
Informal outdoor recreation Lighting shop Must be in one occupation with a leasable floor area of at least the amount specified in the schedule to this zone. If no amount is specified, the leasable floor area must be at least 500 square metres. The combined leasable floor area for all
BUSINESS 4 ZONE
PAGE 1 OF 7
USE
CONDITION restricted retail premises must not exceed any amount specified in the schedule to this zone.
Mail centre Mineral exploration Mining Must meet the requirements of Clause 52.082.
Minor utility installation Natural systems Party supplies The combined leasable floor area for all restricted retail premises must not exceed any amount specified in the schedule to this zone.
Railway Must be in one occupation with a leasable Restricted retail premises (other than Equestrian supplies, Lighting shop, and floor area of at least the amount specified in the schedule to this zone. If no amount is Party supplies) specified, the leasable floor area must be at least 1000 square metres. The combined leasable floor area for all restricted retail premises must not exceed any amount specified in the schedule to this zone. Road Search for stone Service station Must not be costeaning or bulk sampling. The land must be at least 30 metres from land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Buildings and works must requirements of Clause 52.19. meet the
Trade supplies
The combined leasable floor area for all trade supplies must not exceed any amount specified in the schedule to this zone.
Tramway Warehouse (other than Mail centre and Shipping container storage) Must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10. The land must be at least the following distances from land (not a road) which is a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:
BUSINESS 4 ZONE
PAGE 2 OF 7

Agriculture (other than Apiculture and Intensive animal husbandry) Caretaker's house Convenience shop Education centre Leisure and recreation (other than Informal outdoor recreation, Major sports and recreation facility, and Motor racing track) Materials recycling Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Motel Office (other than Electoral office) The leasable floor area must not exceed 500 square metres. Must not be a primary or secondary school.
Place of assembly (other than Carnival and Circus) Retail premises (other than Shop and Trade supplies) Shipping container storage Utility installation (other than Minor utility installation and Telecommunications facility) Any other use not in Section 1 or 3
BUSINESS 4 ZONE
PAGE 3 OF 7
USE Accommodation (other than Caretaker's house and Motel ) Extractive industry Hospital Intensive animal husbandry Major sports and recreation facility Motor racing track Shop (other than Adult sex bookshop, Convenience shop, and Restricted retail premises)
34.04-2
09/10/2006 VC42
Use of land Amenity of the neighbourhood A use must not detrimentally affect the amenity of the neighbourhood, including through the: Transport of materials, goods or commodities to or from the land. Appearance of any building, works or materials. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. Application requirements An application to use land must be accompanied by the following information, as appropriate: The purpose of the use and the types of activities which will be carried out. The likely effects, if any, on nearby land including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare. The means of maintaining areas not required for immediate use. If an industry or warehouse: The type and quantity of goods to be stored, processed or produced. Whether a Works Approval, or Waste Discharge Licence is required from the Environment Protection Authority. Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1995 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded. The likely effects on adjoining land, including air-borne emissions and emissions to land and water.
BUSINESS 4 ZONE
PAGE 4 OF 7
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect that existing uses may have on the proposed use. The drainage of the land. The availability of and connection to services. The effect of traffic to be generated on roads. The interim use of those parts of the land not required for the proposed use. If an industry or warehouse, the effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to any comments or directions of the referral authorities. 34.04-3
19/01/2006 VC37
Subdivision Permit requirement A permit is required to subdivide land. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths. Any natural or cultural values on or near the land. Streetscape character. Landscape treatment. The interface with adjoining zones, especially the relationship with residential areas.
BUSINESS 4 ZONE
PAGE 5 OF 7
34.04-4
30/08/2006 VC40
Buildings and works Permit requirement A permit is required to construct a building or construct or carry out works. This includes the internal rearrangement of a building if the maximum leasable floor area specified in the schedule to this zone is exceeded. This does not apply to: The installation of an automatic teller machine. An alteration to an existing building faade provided: The alteration does not include the installation of an external roller shutter. At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing. An awning that projects over a road if it is authorised by the relevant public land manager. Application requirements An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate: A plan drawn to scale which shows: The boundaries and dimensions of the site. Adjoining roads. The location, height and purpose of buildings and works on adjoining land. Relevant ground levels. The layout of existing and proposed buildings and works. All driveway, car parking and loading areas. Proposed landscape areas. All external storage and waste treatment areas. Areas not required for immediate use. Elevation drawings to scale showing the colour and materials of all buildings and works. Construction details of all drainage works, driveways, vehicle parking and loading areas. A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.
BUSINESS 4 ZONE
PAGE 6 OF 7
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. The provision of car parking. The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, including outdoor advertising structures, illumination of buildings or their immediate spaces and landscaping of land adjoining a road. Defining the responsibility for the maintenance of buildings, landscaping and paved areas. The availability of and connection to services. Any natural or cultural values on or near the land. Interface with non industrial areas. Outdoor storage, lighting and storm water discharge. The design of buildings to provide for solar access. Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority. 34.04-5
19/01/2006 VC37
Notes:
BUSINESS 4 ZONE
PAGE 7 OF 7
19/01/2006 VC37
SCHEDULE TO THE BUSINESS 4 ZONE Land Maximum combined leasable floor area (m2) for restricted retail premises. Maximum combined leasable floor area (m2) for trade supplies. Minimum leasable floor area (m2) for lighting shop. Minimum leasable floor area (m2) for restricted retail premises (other than equestrian supplies, lighting shop and party supplies).
500
All land
None specified
None specified
350
PAGE 1 OF 1
34.05
19/01/2006 VC37
BUSINESS 5 ZONE Shown on the planning scheme map as B5Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage the development of offices or multi-dwelling units with common access from the street.
34.05-1
19/01/2006 VC37

Caretaker's house Carnival Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must not be in the same building as an office.
Circus
Dwelling (other than Bed and breakfast and Caretaker's house) Home occupation Informal outdoor recreation Mineral exploration Mining
Must meet the requirements of Clause 52.082.
Minor utility installation Natural systems Office Must not be in the same building as a dwelling (other than a caretakers house).
Railway Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the
Tramway
BUSINESS 5 ZONE
PAGE 1 OF 6

USE CONDITION
Accommodation (other than Corrective institution and Dwelling) Agriculture (other than Animal keeping, Animal training, Apiculture, Horse stables, and Intensive animal husbandry) Bed and breakfast Convenience shop Leisure and recreation (other than Informal outdoor recreation, Major sports and recreation facility, and Motor racing track) Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Place of assembly (other than Carnival and Circus) Plant nursery Retail premises (other than Landscape gardening supplies, Shop and Trade supplies) Service station The site must either:
Adjoin another business zone or industrial zone.
Adjoin, or have access to, a road in a Road Zone. The site must not exceed either:

USE Animal keeping Animal training Brothel Corrective institution Extractive industry Horse stables Industry
BUSINESS 5 ZONE
PAGE 2 OF 6
USE Intensive animal husbandry Landscape gardening supplies (other than Plant nursery) Major sports and recreation facility Motor racing track Shop (other than Convenience shop) Trade supplies Transport terminal Warehouse
34.05-2
19/01/2006 VC37
Use of land Amenity of the neighbourhood A use must not detrimentally affect the amenity of the neighbourhood, including through the: Transport of materials, goods or commodities to or from the land. Appearance of any building, works or materials. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. Application requirements An application to use land must be accompanied by the following information, as appropriate: The purpose of the use and the types of activities which will be carried out. The likely effects, if any, on adjoining land including noise levels, traffic, the hours of delivery and dispatch of goods and materials, hours of operation and light spill, solar access and glare. Maintenance of areas not required for immediate use. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect that existing uses may have on the proposed use. The drainage of the land. The availability of and connection to services. The effect of traffic to be generated on roads. The interim use of those parts of the land not required for the proposed use.
BUSINESS 5 ZONE
PAGE 3 OF 6
34.05-3
19/01/2006 VC37
Subdivision Permit requirement A permit is required to subdivide land. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Provision for vehicles providing for supplies, waste removal and emergency services and public transport. The interface with adjoining zones, especially the relationship with residential areas. The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths.
34.05-4
30/08/2006 VC40
Buildings and works Permit requirement A permit is required to construct a building or construct or carry out works. This does not apply to: The installation of an automatic teller machine. An alteration to an existing building faade provided: The alteration does not include the installation of an external roller shutter. At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing. An awning that projects over a road if it is authorised by the relevant public land manager. Application requirements An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate: A plan drawn to scale which shows: The boundaries and dimensions of the site. Adjoining roads. The location, height and purpose of buildings and works on adjoining land.
BUSINESS 5 ZONE
PAGE 4 OF 6
Relevant ground levels. The layout of existing and proposed buildings and works. All driveway, car parking and loading areas. Proposed landscape areas. All external storage and waste treatment areas. Areas not required for immediate use. Elevation drawings to scale showing the colour and materials of all buildings and works. Construction details of all drainage works, driveways, vehicle parking and loading areas. A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. The provision of car parking for customers, staff and residents. The interface with adjoining zones, especially the relationship with residential areas. The streetscape, including the conservation of buildings, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and landscaping of land adjoining a road. The storage of rubbish and materials for recycling. Defining the responsibility for the maintenance of buildings, landscaping and paved areas. The availability of and connection to services. The design of buildings to provide for solar access. The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to a development of four or more storeys, excluding a basement. Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority.
BUSINESS 5 ZONE
PAGE 5 OF 6
34.05-5
19/01/2006 VC37
Neighbourhood and site description and design response An application for any of the following must be accompanied by a neighbourhood and site description and a design response as described in Clause 54.01: Construction or extension of one dwelling on a lot of less than 300 square metres. Construction of a dwelling if there is at least one dwelling existing on the lot. Construction of two or more dwellings on a lot. Extension of a dwelling if there are two or more dwellings on the lot. Construction or extension of a dwelling on common property. Construction or extension of a residential building. Satisfactory neighbourhood and site description before notice and decision The responsible authority must inform the applicant in writing: Before notice of an application is given, or If notice of an application is not required to be given, before deciding the application, that the neighbourhood and site description meets the requirements of Clause 54.01 and is satisfactory or does not meet the requirements of Clause 54.01 and is not satisfactory. If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause 54.01 and is satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act.
34.05-6
19/01/2006 VC37
Notes:
BUSINESS 5 ZONE
PAGE 6 OF 6
35
19/01/2006 VC37
RURAL ZONES
RURAL ZONE
PAGE 1 OF 1
35.03
15/09/2008 VC49
RURAL LIVING ZONE Shown on the planning scheme map as RLZ with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for residential use in a rural environment. To provide for agricultural land uses which do not adversely affect the amenity of surrounding land uses. To protect and enhance the natural resources, biodiversity and landscape and heritage values of the area. To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.
35.03-1
19/01/2006 VC37
Table of uses
Section 1 - Permit not required USE Animal keeping (other than Animal boarding) Apiculture CONDITION Must be no more than 2 animals.
Bed and breakfast
Carnival Circus
Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must be the only dependent persons unit on the lot. Must meet the requirements of Clause 35.03-2.
The lot must be at least the area specified in a schedule to this zone. If no area is specified, the lot must be at least 8 hectares. Must be the only dwelling on the lot. Must meet the requirements of Clause 35.03-2.
Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.08-2.
RURAL LIVING ZONE
PAGE 1 of 6
USE Minor utility installation Natural systems Railway Road Search for stone Telecommunications facility
CONDITION
Must not be costeaning or bulk sampling. Buildings and works must meet the requirements of Clause 52.19.
Tramway
Section 2 - Permit required USE Accommodation (other than Dependent persons unit and Dwelling) Agriculture (other than Animal keeping, Apiculture, Intensive animal husbandry and Timber production) Animal boarding Car park Must be used in conjunction with another use in Section 1 or 2. CONDITION
Community market Convenience shop The leasable floor area must not exceed 80 square metres. The site must not have direct access to a rural freeway. Dependent persons unit - if the Section 1 condition is not met Dwelling (other than Bed and breakfast) - if the Section 1 condition is not met Freeway service centre Hotel Must meet the requirements of Clause 35.03-2.
Must meet the requirements of Clause 52.30. The site must not have direct access to a rural freeway.
Leisure and recreation (other than Informal outdoor recreation and Motor racing track) Medical centre Mineral, stone, or soil extraction (other than Mineral exploration, Mining, and Search for stone) Place of assembly (other than Amusement parlour, Carnival, Circus, and Nightclub) Plant nursery Postal agency Primary produce sales
RURAL LIVING ZONE
PAGE 2 of 6
USE Restaurant
CONDITION The site must not have direct access to a rural freeway.
Rural industry (other than Abattoir and Sawmill) Service station The site must either:


The site must not have direct access to a rural freeway. Store Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot. The site must not have direct access to a rural freeway. Must meet the requirements of Clause 52.18.
Tavern
Timber production Utility installation (other than Minor utility installation and Telecommunications facility) Any other use not in Section 1 or 3
Section 3 - Prohibited USE Abattoir Amusement parlour Brothel Cinema based entertainment facility Industry (other than Rural Industry) Intensive animal husbandry Motor racing track Nightclub Office (other than Medical centre) Retail premises (other than Community market, Convenience shop, Hotel, Plant nursery, Postal agency, Primary produce sales, Restaurant and Tavern) Saleyard Sawmill Transport terminal
RURAL LIVING ZONE
PAGE 3 of 6
USE Warehouse (other than Store)
35.03-2
19/01/2006 VC37
Use of land for a dwelling A lot used for a dwelling must meet the following requirements: Access to the dwelling must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles. The dwelling must be connected to a reticulated sewerage system or if not available, the waste water must be treated and retained on-site in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970. The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes. The dwelling must be connected to a reticulated electricity supply or have an alternative energy source. These requirements also apply to a dependent persons unit.
35.03-3
19/01/2006 VC37
Subdivision A permit is required to subdivide land. Each lot must be at least the area specified for the land in a schedule to this zone. If no area is specified, each lot must be at least 8 hectares. A permit may be granted to create smaller lots if any of the following apply: The subdivision is the re-subdivision of existing lots and the number of lots is not increased. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title. The number of lots is no more than the number the land could be subdivided into in accordance with a schedule to this zone. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title. The subdivision is by a public authority or utility service provider to create a lot for a utility installation.
35.03-4
15/09/2008 VC49
Buildings and works A permit is required to construct or carry out any of the following: A building or works associated with a use in Section 2 of Clause 35.03-1. This does not apply to:
An alteration or extension to an existing dwelling provided the floor area of the alteration or extension is not more than the area specified in a schedule to this zone or, if no area is specified, 50 square metres. Any area specified must be more than 50 square metres. An out-building associated with an existing dwelling provided the floor area of the out-building is not more than the area specified in a schedule to this zone or, if no area is specified, 50 square metres. Any area specified must be more than 50 square metres.
RURAL LIVING ZONE
PAGE 4 of 6
An alteration or extension to an existing building used for agriculture provided the floor area of the alteration or extension is not more than the area specified in the schedule to this zone or, if no area is specified, 50 square metres. Any area specified must be more than 50 square metres. The building must not be used to keep, board, breed or train animals. A rainwater tank.
Earthworks specified in a schedule to this zone, if on land specified in a schedule. A building which is within any of the following setbacks:
The setback from a Road Zone Category 1 or land in a Public Acquisition Overlay to be acquired for a road, Category 1 specified in the schedule to this zone or, if no setback is specified, 30 metres. The setback from any other road or boundary specified in the schedule to this zone. The distance from a dwelling not in the same ownership specified in the schedule to this zone. 100 metres from a waterway, wetlands or designated flood plain.
35.03-5
19/01/2006 VC37
Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: General issues The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any Regional Catchment Strategy and associated plan applying to the land. The capability of the land to accommodate the proposed use or development. Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land uses. Agricultural issues The capacity of the site to sustain the agricultural use. Any integrated land management plan prepared for the site. The potential for the future expansion of the use or development and the impact of this on adjoining and nearby agricultural and other land uses. Environmental issues The impact on the natural physical features and resources of the area and in particular any impact caused by the proposal on soil and water quality and by the emission of noise, dust and odours. The impact of the use or development on the flora, fauna and landscape features of the locality. The need to protect and enhance the biodiversity of the area, including the need to retain vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area.
RURAL LIVING ZONE PAGE 5 of 6
The location of on-site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation. Design and siting issues
The impact of the siting, design, height, bulk, colours and materials to be used, on the natural environment, major roads, vistas and water features and the measures to be undertaken to minimise any adverse impacts. The impact on the character and appearance of the area or features of architectural, historic or scientific significance or of natural scenic beauty or importance. The location and design of existing and proposed infrastructure including roads, gas, water, drainage, telecommunications and sewerage facilities. Whether the use or development will require traffic management measures.
35.03-6
19/01/2006 VC37
Notes:
RURAL LIVING ZONE
PAGE 6 of 6
15/09/2008 VC49
SCHEDULE TO THE RURAL LIVING ZONE Shown on the planning scheme map as RLZ. Land
Minimum subdivision area (hectares). Minimum area for which no permit is required to use land for a dwelling (hectares). Maximum floor area for which no permit is required to alter or extend an existing dwelling (square metres). Maximum floor area for which no permit is required to construct an outbuilding associated with an existing dwelling (square metres) Maximum floor area for which no permit is required to alter or extend an existing building used for agriculture (square metres) Minimum setback from a road (metres). Minimum setback from a boundary (metres). Minimum setback from a dwelling not in the same ownership (metres). All land
Area/Dimensions/Distance
4 hectares
All land
4 hectares
None specified
None specified
None specified
None specified
None specified
None specified
Permit requirement for earthworks
Land
Earthworks which change the rate All land of flow or the discharge point of water across a property boundary. Earthworks which increase the All land discharge of saline groundwater.
RURAL LIVING ZONE SCHEDULE
PAGE 1 OF 1
35.04
15/09/2008 VC49
GREEN WEDGE ZONE Shown on the planning scheme map as GWZ with a number (if shown). Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To recognise, protect and conserve green wedge land for its agricultural, environmental, historic, landscape, recreational and tourism opportunities, and mineral and stone resources. To encourage use and development that is consistent with sustainable land management practices. To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses. To protect, conserve and enhance the cultural heritage significance and the character of open rural and scenic non-urban landscapes. To protect and enhance the biodiversity of the area.
35.04-1
31/10/2006 VC43

Bed and breakfast
Carnival Circus
Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997.
Crop raising (other than Rice growing and Timber production) Extensive animal husbandry Home occupation Informal outdoor recreation Mineral exploration Mining Minor utility installation Natural systems Railway Road Search for stone Must not be costeaning or bulk sampling. Must meet the requirements of Clause 52.08-2.
GREEN WEDGE ZONE
PAGE 1 OF 8
USE Telecommunications facility
CONDITION Buildings and works must meet the requirements of Clause 52.19.
Tramway

USE Agriculture (other than Animal keeping, Apiculture, Broiler farm, Cattle feedlot, Crop raising and Extensive animal husbandry) Animal boarding Broiler farm Camping and caravan park Car park Must be used in conjunction with another use in Section 1 or 2. Must meet the requirements of Clause 52.26. The site must be located outside a catchment area listed in Appendix 2 of the Victorian Code for Cattle Feedlots August 1995. Corrective institution Dependent persons unit Must be the only dependent persons unit on the lot. Must meet the requirements of Clause 35.04-2. Dwelling (other than Bed and breakfast) Must be the only dwelling on the lot. This does not apply to the replacement of an existing dwelling if the existing dwelling is removed or altered (so it can no longer be used as a dwelling) within one month of the occupation of the replacement dwelling. Must meet the requirements of Clause 35.04-2. Exhibition centre Freeway service centre Freezing and cool storage Must meet the requirements of Clause 52.30. The goods stored must be agricultural produce, or products used in agriculture. Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. The number of patrons present at any time must not exceed the number specified in a schedule to the zone or 150 patrons, whichever is the lesser. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is Must meet the requirements of Clause 52.31. CONDITION
Cattle feedlot
Function centre
GREEN WEDGE ZONE
PAGE 2 OF 8
USE
CONDITION specified, the lot must be at least 40 hectares.
Group accommodation
Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. The number of dwellings must not exceed the number specified in a schedule to the zone or 40 dwellings, whichever is the lesser. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares.
Hall Host farm Indoor recreation facility Must be for equestrian recreation, or sport. based leisure,
Leisure and recreation (other than Indoor recreation facility, Informal outdoor recreation, Major sports and recreation facility, and Motor racing track) Major sports and recreation facility Must be for outdoor leisure, recreation, or sport. Must be an incidental part of Rural industry.
Manufacturing sales Market Materials recycling
Must be used in conjunction with Refuse disposal or Refuse transfer station. Must not include the collecting, dismantling, storing, recycling or selling of used or scrap construction and demolition materials.
Milk depot Mineral, stone, or soil extraction (other than Mineral exploration, Mining, and Search for stone) Place of worship Plant nursery Primary produce sales Refuse disposal Refuse transfer station Must not include the collecting, storing or processing of used or scrap construction and demolition materials. Must be used in conjunction with Agriculture, Natural systems, Rural industry, or Winery. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares. Residential building (other than Must be used in conjunction with Agriculture,
Research and development centre Research centre
GREEN WEDGE ZONE
PAGE 3 OF 8
USE Residential hotel)
CONDITION Outdoor recreation facility, Rural industry, or Winery. Must be used to provide accommodation for persons away from their normal place of residence. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares.
Residential hotel
Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. The number of bedrooms must not exceed the number specified in a schedule to the zone or 80 bedrooms, whichever is the lesser. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares.
Restaurant
Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. The number of patrons present must not exceed the number specified in a schedule to the zone or 150 patrons, whichever is the lesser. If used in conjunction with Function centre, the total number of patrons present at any time must not exceed the number specified in a schedule to the zone or 150 patrons, whichever is the lesser. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares.
Restricted place of assembly
Must not be used for more than 30 days in a calendar year.
Rice growing Rural industry Rural store Solid fuel depot Timber production Utility installation (other than Minor utility installation and Telecommunications facility) Vehicle store Any other use not in Section 1 or 3 Must meet the requirements of Clause 52.18.
GREEN WEDGE ZONE
PAGE 4 OF 8
USE Accommodation (other than Camping and caravan park, Corrective institution, Dependent persons unit, Dwelling, Group accommodation, Host farm, and Residential building) Brothel Child care centre Cinema based entertainment facility Display home Education centre Funeral parlour Hospital Industry (other than Materials recycling, Refuse disposal, Refuse transfer station, Research and development centre, and Rural industry) Motor racing track Office Place of assembly (other than Carnival, Circus, Exhibition centre, Function centre, Hall, Place of worship, and Restricted place of assembly) Retail premises (other than Manufacturing sales, Market, Plant nursery, Primary produce sales, and Restaurant) Service station Warehouse (other than Freezing and cool storage, Milk depot, Rural store, Solid fuel depot, and Vehicle store)
35.04-2
19/01/2006 VC37
Use of land for a dwelling A lot used for a dwelling must meet the following requirements:
Access to the dwelling must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles. The dwelling must be connected to a reticulated sewerage system or if not available, the waste water must be treated and retained on-site in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970. The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes. The dwelling must be connected to a reticulated electricity supply or have an alternative energy source.
These requirements also apply to a dependent persons unit. 35.04-3

19/01/2006 VC37
Subdivision A permit is required to subdivide land. Each lot must be at least the area specified for the land in a schedule to this zone. If no area is specified, each lot must be at least 40 hectares. A permit may be granted to create smaller lots if any of the following apply:
The subdivision is the re-subdivision of existing lots, the number of lots is not increased, and the number of dwellings that the land could be used for does not increase. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title. The requirement to enter into
GREEN WEDGE ZONE
PAGE 5 OF 8
an agreement only applies to a lot which could be further subdivided in accordance with this scheme.
The subdivision is by a public authority or utility service provider to create a lot for a utility installation.
35.04-4
31/10/2006 VC43
Long term lease or licence for Accommodation A permit is required to lease or license a portion of a lot for a period of more than 10 years if the portion is to be leased or licensed for the purpose of Accommodation. Each portion of a lot leased or licensed for the purpose of Accommodation must be at least the minimum subdivision area specified for the land in a schedule to this zone. If no area is specified, each portion of a lot leased or licensed for the purpose of Accommodation must be at least 40 hectares.
35.04-5
15/09/2008 VC49
Buildings and works A permit is required to construct or carry out any of the following:
A building or works associated with a use in Section 2 of Clause 35.04-1. This does not apply to: An alteration or extension to an existing dwelling with a floor area of no more than the area specified in a schedule to this zone or, if no area is specified, 50 square metres. An alteration or extension to an existing building used for agriculture with a floor area of no more than the area specified in a schedule to this zone or, if no area is specified, 100 square metres. The building must not be used to keep, board, breed or train animals. A rainwater tank.
100 metres from a Road Zone Category 1 or land in a Public Acquisition Overlay to be acquired for a road, Category 1. 40 metres from a Road Zone Category 2 or land in a Public Acquisition Overlay to be acquired for a road, Category 2. 20 metres from any other road. 5 metres from any other boundary. 100 metres from a dwelling not in the same ownership. 100 metres from a waterway, wetlands or designated flood plain.
35.04-6
17/09/2007 VC45
Decision guidelines Before deciding on an application to use or subdivide land, lease or license a portion of a lot for a period of more than 10 years if the portion is to be leased or licensed for the purpose of Accommodation, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: General issues
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
GREEN WEDGE ZONE
PAGE 6 OF 8
Any Regional Catchment Strategy and associated plan applying to the land. The capability of the land to accommodate the proposed use or development. How the use or development relates to rural land use, rural diversification, natural resource management, natural or cultural heritage management, recreation or tourism. Whether the site is suitable for the use or development and the compatibility of the proposal with adjoining land uses. Whether the use or development is essential to the health, safety or well-being of the State or area but is not appropriate to locate in an urban area because of the effect it may have on existing or proposed urban areas or the effect that existing or proposed urban areas may have on the proposed use or development. The need to minimise adverse impacts on the character and appearance of the area or features of architectural, scientific or cultural heritage significance, or of natural scenic beauty.
Rural issues

The maintenance of agricultural production and the impact on the rural economy. The environmental capacity of the site to sustain the rural enterprise. The need to prepare an integrated land management plan. The impact on the existing and proposed rural infrastructure. The potential for the future expansion of the use or development and the impact of this on adjoining and nearby agriculture and other land uses. The protection and retention of land for future sustainable agricultural activities.
Environmental issues
The impact of the use or development on the flora and fauna on the site and its surrounds. The need to protect and enhance the biodiversity of the area, including the retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area. How the use or development relates to sustainable land management and the need to prepare an integrated land management plan. The location of on site effluent disposal areas to minimise impact of nutrient loads on waterways and native vegetation.
Design and siting issues
The need to minimise any adverse impacts of siting, design, height, bulk, and colours and materials to be used, on landscape features, major roads and vistas. The location and design of existing and proposed infrastructure services which minimises the visual impact on the landscape. The need to minimise adverse impacts on the character and appearance of the area or features of archaeological, historic or scientific significance or of natural scenic beauty or importance.
GREEN WEDGE ZONE
PAGE 7 OF 8
35.04-7
31/10/2006 VC43
Notes:
GREEN WEDGE ZONE
PAGE 8 OF 8
19/01/2006 VC37
SCHEDULE 1 TO THE GREEN WEDGE ZONE Shown on the planning scheme map as GWZ1. Land
Minimum subdivision area (hectares). Function centre (number of patrons). Group accommodation (number of dwellings). Residential hotel (number of bedrooms). Restaurant (number of patrons). Minimum area for which no permit is required to alter or extend an existing dwelling (square metres). Minimum area for which no permit is required to alter or extend an existing building used for agriculture (square metres). None specified None specified None specified None specified All land
Area/Dimensions/Number
20 hectares
None specified
None specified
Land
GREEN WEDGE ZONE SCHEDULE 1
PAGE 1 OF 1
19/01/2006 VC37
SCHEDULE 2 TO THE GREEN WEDGE ZONE Shown on the planning scheme map as GWZ2. Land
Minimum subdivision area (hectares). Function centre (number of patrons). Group accommodation (number of dwellings). Residential hotel (number of bedrooms). Restaurant (number of patrons). Minimum area for which no permit is required to alter or extend an existing dwelling (square metres). Minimum area for which no permit is required to alter or extend an existing building used for agriculture (square metres). None specified None specified None specified None specified All land
4 hectares
None specified
None specified
Land
GREEN WEDGE ZONE SCHEDULE 2
PAGE 1 OF 1
35.06
21/09/2009 VC60
RURAL CONSERVATION ZONE Shown on the planning scheme map as RCZ with a number (if shown). Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To conserve the values specified in the schedule to this zone. To protect and enhance the natural environment and natural processes for their historic, archaeological and scientific interest, landscape, faunal habitat and cultural values. To protect and enhance natural resources and the biodiversity of the area. To encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality. To provide for agricultural use consistent with the conservation of environmental and landscape values of the area. To conserve and enhance the cultural significance and character of open rural and scenic non urban landscapes.
35.06-1
21/09/2009 VC60

Bed and breakfast
Carnival Circus Geothermal energy extraction
Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of Clause 52.084
Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.082.
Minor utility installation Natural systems
RURAL CONSERVATION ZONE
PAGE 1 OF 7
USE Railway Road Search for stone Telecommunications facility
CONDITION
Must not be costeaning or bulk sampling. Buildings and works must meet the requirements of Clause 52.19.
Tramway

USE Agriculture (other than Animal keeping, Apiculture, Intensive animal husbandry, and Timber production) Car park Must be used in conjunction with another use in Section 1 or 2. CONDITION
Community market Dependent persons unit Must be the only dependent persons unit on the lot. Must meet the requirements of Clause 35.062. Dwelling (other than Bed and breakfast) Must be the only dwelling on the lot. This does not apply to the replacement of an existing dwelling if the existing dwelling is removed or altered (so it can no longer be used as a dwelling) within one month of the occupation of the replacement dwelling. Must meet the requirements of Clause 35.062. Emergency services facility Freezing and cool storage The goods stored must be agricultural produce, or products used in agriculture. Must be used in conjunction with Agriculture, Rural industry, or Winery. Must be no more than 6 dwellings. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares. This condition only applies to land in Metropolitan Melbourne. Host farm Interpretation centre Mineral, stone or soil extraction (other than Mineral exploration, Geothermal RURAL CONSERVATION ZONE PAGE 2 OF 7
Group accommodation
USE
CONDITION
energy extraction, Mining, and Search for stone) Plant nursery Pleasure boat facility Primary produce sales Renewable energy facility (other than Wind energy facility) Residential hotel Must meet the requirements of Clause 52.42.
Must be used in conjunction with Agriculture, Rural industry, or Winery. The number of bedrooms must not exceed the number specified in a schedule to the zone or 80 bedrooms, whichever is the lesser. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares. This condition only applies to land in Metropolitan Melbourne.
Restaurant
Must be used in conjunction with Agriculture, Rural industry, or Winery. The number of patrons present must not exceed the number specified in a schedule to the zone or 150 patrons, whichever is the lesser. The lot on which the use is conducted must be at least the minimum subdivision area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares. This condition only applies to land in Metropolitan Melbourne.
Rural industry (other than Abattoir and Sawmill) Rural store Timber production Utility installation (other than Minor utility installation and Telecommunications facility) Wind energy facility Winery Must meet the requirements of Clause 52.32. Must meet the requirements of Clause 52.18.
PAGE 3 OF 7
USE Abattoir Accommodation (other than Dependent persons unit, Dwelling, Group accommodation, Host farm, and Residential hotel) Animal boarding Industry (other than Rural industry) Intensive animal husbandry Leisure and recreation (other than Informal outdoor recreation) Retail premises (other than Community market, Plant nursery, Primary produce sales, and Restaurant) Place of assembly (other than Carnival and Circus) Sawmill Warehouse (other than Freezing and cool storage, and Rural store) Any other use not in Section 1 or 2
35.06-2
19/01/2006 VC37

19/01/2006 VC37
Subdivision A permit is required to subdivide land. Each lot must be at least the area specified for the land in a schedule to this zone. If no area is specified, each lot must be at least 40 hectares. A permit may be granted to create smaller lots if any of the following apply:
The subdivision is the re-subdivision of existing lots, the number of lots is not increased, and the number of dwellings that the land could be used for does not increase. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title. The requirement to enter into an agreement only applies to a lot which could be further subdivided in accordance with this scheme. The subdivision is by a public authority or utility service provider to create a lot for a utility installation.
PAGE 4 OF 7
35.06-4
31/10/2006 VC43
Long term lease or licence for Accommodation A permit is required to lease or license a portion of a lot for a period of more than 10 years if the portion is to be leased or licensed for the purpose of Accommodation. Each portion of a lot leased or licensed for the purpose of Accommodation must be at least the area specified as the minimum subdivision area for the land in a schedule to this zone. If no area is specified, each portion of a lot leased or licensed for the purpose of Accommodation must be at least 40 hectares. This provision only applies to land in Metropolitan Melbourne.
35.06-5
15/09/2008 VC49
A building or works associated with a use in Section 2 of Clause 35.06-1. This does not apply to:
An alteration or extension to an existing dwelling provided the floor area of the alteration or extension does not exceed the area specified in a schedule to this zone or, if no area is specified, 50 square metres. Any area specified must be more than 50 square metres. An out-building associated with an existing dwelling provided the floor area of the out-building does not exceed the area specified in a schedule to this zone or, if no area is specified, 50 square metres. Any area specified must be more than 50 square metres. An alteration or extension to an existing building used for agriculture provided the floor area of the alteration of extension does not exceed the area specified in a schedule to this zone or, if no area is specified, 50 square metres. Any area specified must be more than 50 square metres. The building must not be used to keep, board, breed or train animals. A rainwater tank.
100 metres from a Road Zone Category 1 or land in a Public Acquisition Overlay to be acquired for a road, Category 1. 40 metres from a Road Zone Category 2 or land in a Public Acquisition Overlay to be acquired for a road, Category 2. 20 metres from any other road. 5 metres from any other boundary. 100 metres from a dwelling not in the same ownership. 100 metres from a waterway, wetlands or designated flood plain.
35.06-6
31/10/2006 VC43
Decision guidelines Before deciding on an application to use or subdivide land, lease or license a portion of a lot for a period of more than 10 years if the portion is to be leased or licensed for the purpose of Accommodation, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
PAGE 5 OF 7
General issues
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any Regional Catchment Strategy and associated plan applying to the land. The capability of the land to accommodate the proposed use or development. How the use or development conserves the values identified for the land in the schedule. Whether use or development protects and enhances the environmental, agricultural and landscape qualities of the site and its surrounds. Whether the site is suitable for the use or development and the compatibility of the proposal with adjoining land uses.
Rural issues

The environmental capacity of the site to sustain the rural enterprise. The need to prepare an integrated land management plan. The impact on the existing and proposed infrastructure. Whether the use or development will have an adverse impact on surrounding land uses.
An assessment of the likely environmental impact on the biodiversity and in particular the flora and fauna of the area. The protection and enhancement of the natural environment of the area, including the retention of vegetation and faunal habitats and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge areas. How the use and development relates to sustainable land management and the need to prepare an integrated land management plan which addresses the protection and enhancement of native vegetation and waterways, stabilisation of soil and pest plant and animal control. The location of on site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation.
The need to minimise any adverse impacts of siting, design, height, bulk, and colours and materials to be used, on landscape features, major roads and vistas. The location and design of existing and proposed infrastructure services which minimises the visual impact on the landscape. The need to minimise adverse impacts on the character and appearance of the area or features of archaeological, historic or scientific significance or of natural scenic beauty or importance. The location and design of roads and existing and proposed infrastructure services to minimise the visual impact on the landscape.
35.06-7
31/10/2006 VC43
RURAL CONSERVATION ZONE PAGE 6 OF 7
Notes:
PAGE 7 OF 7
15/09/2008 VC49
SCHEDULE 1 TO THE RURAL CONSERVATION ZONE Shown on the planning scheme map as RCZ1. Conservation Values To conserve and enhance the environment of Dobsons Creek and immediate surrounds as a natural system. To conserve areas of remnant vegetation and habitat identified in Councils Remnant Tree Study. To provide development which complements the adjoining Dandenong Ranges National Park. Land
Minimum subdivision area (hectares). Residential hotel (number of bedrooms). Restaurant (number of patrons). Maximum floor area for which no permit is required to alter or extend an existing dwelling (square metres). Maximum floor area for which no permit is required to construct an outbuilding associated with a dwelling (square metres). Maximum floor area for which no permit is required to alter or extend an existing building used for agriculture (square metres). All land
4 hectares
None specified
None specified
None specified
None specified
None specified
Land
Earthworks which change the All land rate of flow or the discharge point of water across a property boundary. Earthworks which increase the All land discharge of saline groundwater.
RURAL CONSERVATION ZONE SCHEDULE 1
PAGE 1 OF 1
15/09/2008 VC49
SCHEDULE 2 TO THE RURAL CONSERVATION ZONE Shown on the planning scheme map as RCZ2. Conservation Values To provide an appropriate visual transition from urban development to the west of this land and the significant rural landscape to the east. Land
Minimum subdivision area (hectares). Residential hotel (number of bedrooms). Restaurant (number of patrons). Maximum floor area for which no permit is required to alter or extend an existing dwelling (square metres). Maximum floor area for which no permit is required to construct an outbuilding associated with a dwelling (square metres). Maximum floor area for which no permit is required to alter or extend an existing building used for agriculture (square metres). All land
0.5 hectare
None specified
None specified
None specified
None specified
None specified
Land
Earthworks which change the All land rate of flow or the discharge point of water across a property boundary. Earthworks which increase the All land discharge of saline groundwater.
RURAL CONSERVATION ZONE SCHEDULE 2
PAGE 1 OF 1
35.07
21/09/2009 VC60
FARMING ZONE Shown on the planning scheme map as FZ with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for the use of land for agriculture. To encourage the retention of productive agricultural land. To ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture. To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. To protect and enhance natural resources and the biodiversity of the area.
35.07-1
21/09/2009 VC60
Table of uses
Section 1 Permit not required USE Agriculture (other than Animal keeping, Apiculture, Intensive animal husbandry, Rice growing and Timber production) Animal keeping (other than Animal boarding) Apiculture Must be no more than 5 animals. CONDITION
Bed and breakfast
Cattle feedlot
Must meet the requirements of Clause 52.26. The total number of cattle to be housed in the cattle feedlot must be 1000 or less. The site must be located outside a special water supply catchment under the Catchment and Land Protection Act 1994. The site must be located outside a catchment area listed in Appendix 2 of the Victorian Code for Cattle Feedlots August 1995.
Carnival Circus
Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997.
FARMING ZONE
PAGE 1 OF 7
USE Dependent persons unit
CONDITION Must be the only dependent persons unit on the lot. Must meet the requirements of Clause 35.07-2.
Must be the only dwelling on the lot. The lot must be at least the area specified in a schedule to this zone. If no area is specified, the lot must be at least 40 hectares. Must meet the requirements of Clause 35.07-2.
Geothermal energy extraction Home occupation Informal outdoor recreation Mineral exploration Mining Minor utility installation Natural systems Railway Road Search for stone Telecommunications facility
Must meet the requirements of Clause 52.08-4
Must not be costeaning or bulk sampling. Buildings and works must meet the requirements of Clause 52.19. Must meet the requirements of Clause 52.18. The plantation area must not exceed any area specified in a schedule to this zone. Any area specified must be at least 40 hectares. The total plantation area (existing and proposed) on contiguous land which was in the same ownership on or after 28 October 1993 must not exceed any scheduled area. The plantation must not be within 100 metres of:

Timber production
Any dwelling in separate ownership. Any land zoned for residential, business or industrial use. Any site specified on a permit which is in force which permits a dwelling to be constructed.
The plantation must not be within 20 metres of a powerline whether on private or public land, except with the consent of the relevant electricity supply or distribution authority. Tramway
FARMING ZONE
PAGE 2 OF 7
Section 2 Permit required USE Animal boarding Broiler farm Car park Must meet the requirements of Clause 52.31. Must be used in conjunction with another use in Section 1 or 2. Must meet the requirements of Clause 52.26. The site must be located outside a catchment area listed in Appendix 2 of the Victorian Code for Cattle Feedlots August 1995. CONDITION
Cattle feedlot if the Section 1 condition is not met
Cemetery Community market Crematorium Dependent persons unit if the Section 1 condition is not met Dwelling (other than Bed and breakfast) if the Section 1 condition is not met Emergency services facility Freeway service centre Freezing and cool storage Group accommodation Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. Must be no more than 6 dwellings. Host farm Intensive animal husbandry (other than Broiler farm and Cattle feedlot) Interpretation centre Leisure and recreation (other than Informal outdoor recreation and Motor racing track) Manufacturing sales Mineral, stone, or soil extraction (other than Mineral exploration, Geothermal energy extraction, Mining, and Search for stone) Place of assembly (other than Carnival and Circus) Primary produce sales Renewable energy facility (other than Wind energy facility) Residential hotel Restaurant Must meet the requirements of Clause 52.42. Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. Must not be used for more than 10 days in a calender year. Must meet the requirements of Clause 52.30. Must meet the requirements of Clause 35.07-2.
Rice growing
FARMING ZONE
PAGE 3 OF 7
USE Rural industry Rural store Saleyard Store (other than Freezing and cool storage and Rural store)
CONDITION
Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot. Must meet the requirements of Clause 52.18.
Timber production if the Section 1 condition is not met Utility installation (other than Minor utility installation and Telecommunications facility) Veterinary centre Wind energy facility Winery
Must meet the requirements of Clause 52.32.
Section 3 - Prohibited USE Accommodation (other than Dependent persons unit, Dwelling, Group accommodation, Host farm and Residential hotel) Industry (other than Rural industry) Motor racing track Retail premises (other than Community market, Manufacturing sales, Primary produce sales and Restaurant) Warehouse (other than Store) Any other use not in Section 1 or 2
35.07-2
19/01/2006 VC37

19/01/2006 VC37
Subdivision A permit is required to subdivide land.
FARMING ZONE
PAGE 4 OF 7
Each lot must be at least the area specified for the land in a schedule to this zone. If no area is specified, each lot must be at least 40 hectares. A permit may be granted to create smaller lots if any of the following apply:
The subdivision is to create a lot for an existing dwelling. The subdivision must be a two lot subdivision. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to create a smaller lot for an existing dwelling. The agreement must be registered on title. The subdivision is the re-subdivision of existing lots and the number of lots is not increased. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title. The subdivision is by a public authority or utility service provider to create a lot for a utility installation.
35.07-4
15/09/2008 VC49
A building or works associated with a use in Section 2 of Clause 35.07-1. This does not apply to:
An alteration or extension to an existing dwelling provided the floor area of the alteration or extension is not more than the area specified in a schedule to this zone or, if no area is specified, 50 square metres. Any area specified must be more than 50 square metres. An out-building associated with an existing dwelling provided the floor area of the out-building is not more than the area specified in a schedule to this zone or, if no area is specified, 50 square metres. Any area specified must be more than 50 square metres. An alteration or extension to an existing building used for agriculture provided the floor area of the alteration or extension is not more than the area specified in the schedule to this zone or, if no area is specified, 100 square metres. Any area specified must be more than 100 square metres. The building must not be used to keep, board, breed or train animals. A rainwater tank.
The setback from a Road Zone Category 1 or land in a Public Acquisition Overlay to be acquired for a road, Category 1 specified in a schedule to this zone or, if no setback is specified, 50 metres. The setback from any other road or boundary specified in a schedule to this zone. The setback from a dwelling not in the same ownership specified in a schedule to this zone. 100 metres from a waterway, wetlands or designated flood plain.
35.07-5
19/01/2006 VC37
Application requirements for dwellings An application to use a lot for a dwelling must be accompanied by a written statement which explains how the proposed dwelling responds to the decision guidelines for dwellings in the zone.
FARMING ZONE
PAGE 5 OF 7
35.07-6
19/01/2006 VC37
Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: General issues
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any Regional Catchment Strategy and associated plan applying to the land. The capability of the land to accommodate the proposed use or development, including the disposal of effluent. How the use or development relates to sustainable land management. Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land uses.
Agricultural issues

Whether the use or development will support and enhance agricultural production. Whether the use or development will permanently remove land from agricultural production. The potential for the use or development to limit the operation and expansion of adjoining and nearby agricultural uses. The capacity of the site to sustain the agricultural use. The agricultural qualities of the land, such as soil quality, access to water and access to rural infrastructure. Any integrated land management plan prepared for the site.
Dwelling issues
Whether the dwelling will result in the loss or fragmentation of productive agricultural land. Whether the dwelling is reasonably required for the operation of the agricultural activity conducted on the land. Whether the dwelling will be adversely affected by agricultural activities on adjacent and nearby land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of operation. Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby agricultural uses. The potential for the proposal to lead to a concentration or proliferation of dwellings in the area and the impact of this on the use of the land for agriculture.
The impact of the proposal on the natural physical features and resources of the area, in particular on soil and water quality. The impact of the use or development on the flora and fauna on the site and its surrounds.
FARMING ZONE
PAGE 6 OF 7
The need to protect and enhance the biodiversity of the area, including the retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area. The location of on-site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation.
The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural uses and to minimise the loss of productive agricultural land. The impact of the siting, design, height, bulk, colours and materials to be used, on the natural environment, major roads, vistas and water features and the measures to be undertaken to minimise any adverse impacts. The impact on the character and appearance of the area or features of architectural, historic or scientific significance or of natural scenic beauty or importance. The location and design of existing and proposed infrastructure including roads, gas, water, drainage, telecommunications and sewerage facilities. Whether the use and development will require traffic management measures.
35.07-7
19/01/2006 VC37
Notes:
FARMING ZONE
PAGE 7 OF 7
15/09/2008 VC49
SCHEDULE TO THE FARMING ZONE Shown on the planning scheme map as FZ.
Land
Minimum subdivision area (hectares). Minimum area for which no permit is required to use land for a dwelling (hectares). Maximum area for which no permit is required to use land for timber production (hectares). Maximum floor area for which no permit is required to alter or extend an existing dwelling (square metres). Maximum floor area for which no permit is required to construct an out-building associated with a dwelling (square metres) Maximum floor area for which no permit is required to alter or extend an existing building used for agriculture (square metres). Minimum setback from a road (metres). All land
Area/Dimensions/Distance
20 hectares
All land
20 hectares
None specified
None specified
None specified
None specified
A Road Zone Category 1 or land in a Public Acquisition Overlay to be acquired for a road, Category 1 A Road Zone Category 2 or land in a Public Acquisition Overlay to be acquired for a road, Category 2 Any other road
100 metres
40 metres
20 metres 5 metres
Minimum setback from a boundary (metres). Minimum setback from a dwelling not in the same ownership (metres).
Any other boundary
Any dwelling not in the same ownership
100 metres
FARMING ZONE SCHEDULE
PAGE 1 OF 2
Land
Earthworks which change the All land rate of flow or the discharge point of water across a property boundary. Earthworks which increase the discharge of saline groundwater. All land
FARMING ZONE SCHEDULE
PAGE 2 OF 2
36
19/01/2006 VC37
PUBLIC LAND ZONES
PUBLIC USE ZONE
PAGE 1 OF 1
36.01
15/12/2008 VC50
PUBLIC USE ZONE Shown on the planning scheme map as PUZ with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To recognise public land use for public utility and community services and facilities. To provide for associated uses that are consistent with the intent of the public land reservation or purpose.
36.01-1
19/01/2006 VC37

USE Apiculture CONDITION Must meet the requirements of the Apiary Code of Practice, May 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997.
Carnival
Circus
Mineral exploration Mining Must meet the requirements of Clause 52.08-2.
Natural systems Railway Railway station The total leasable floor area for the selling of food, drink and other convenience goods and services must not exceed 50 square metres.
Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19 meet the
Tramway Any other use The use must be for the purpose described in the table to Clause 36.01-6 which corresponds to the notation on the planning scheme map. The use must be carried out by or on behalf of the public land manager.
PUBLIC USE ZONE
PAGE 1 OF 3

USE CONDITION
USE Nil
36.01-2
19/01/2006 VC37
Construct a building or construct or carry out works for any use in Section 2 of Clause 36.01-1. This does not apply to navigational beacons and aids. Subdivide land.
36.01-3
19/01/2006 VC37
Application requirements An application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either:

To the application for permit being made. To the application for permit being made and to the proposed use or development.
36.01-4
19/01/2006 VC37
Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The comments of any Minister or public land manager having responsibility for the care or management of the land or adjacent land. Whether the development is appropriately located and designed, including in accordance with any relevant use, design or siting guidelines.
36.01-5
19/01/2006 VC37
Permit not required A permit is not required to use land, or to construct a building or construct or carry out works on land, listed in a schedule to this zone, provided any condition in the schedule is complied with.
PUBLIC USE ZONE
PAGE 2 OF 3
36.01-6
19/01/2006 VC37
Table of public land use

SHOWN ON THE PLANNING SCHEME MAP PUZ1 PUZ2 PUZ3 PUZ4 PUZ5 PUZ6 PUZ7 PURPOSE OF PUBLIC LAND USE Service & Utility Education Health & Community Transport Cemetery/Crematorium Local Government Other public use
36.01-7
15/12/2008 VC50
Advertising signs Advertising sign requirements are at Clause 52.05. This zone, except for the PUZ4 (Transport), is in Category 4 unless a different requirement is specified in the schedule to this zone. For land within the PUZ4 (Transport), the category of advertising control which applies is the category which applies to the adjoining zone nearest to the land. If land is equidistant from two or more adjoining zones, the least restrictive category applies. Where the Road Zone is the nearest adjoining zone, a permit is required to display a sign.
Note:
PUBLIC USE ZONE
PAGE 3 OF 3
19/01/2006 VC37
SCHEDULE TO THE PUBLIC USE ZONE Public land

None specified
Use or development
Conditions
Land
None specified
Advertising Sign Category
PUBLIC USE ZONE - SCHEDULE
PAGE 1 OF 1
36.02
19/01/2006 VC37
PUBLIC PARK AND RECREATION ZONE Shown on the planning scheme map as PPRZ. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To recognise areas for public recreation and open space. To protect and conserve areas of significance where appropriate. To provide for commercial uses where appropriate.
36.02-1
19/01/2006 VC37

Carnival
Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997. Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997.
Circus
Informal outdoor recreation Natural systems Open sports ground Must be conducted by or on behalf of the public land manager. Must not be on coastal Crown land under the Coastal Management Act 1995. Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19 meet the
PUBLIC PARK AND RECREATION ZONE
PAGE 1 OF 4
USE Contractors depot Heliport Office Retail premises Store Any other use not in Section 3
CONDITION Must be either of the following:
A use conducted by or on behalf of a public land manager or Parks Victoria under the relevant provisions of the Local Government Act 1989, the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forest Act 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988, the Port of Melbourne Authority Act 1958, or the Crown Land (Reserves) Act 1978. A use specified in an Incorporated plan in a schedule to this zone.

USE Contractors depot - if the Section 1 condition is not met CONDITION Must be associated with the public land use.
Heliport - if the Section 1 condition is not Must be associated with the public land use. met Office - if the Section 1 condition is not met Retail premises - if the Section 1 condition is not met Store - if the Section 1 condition is not met Must be associated with the public land use.
Must be associated with the public land use.
Must be associated with the public land use.
USE Brothel Cinema based entertainment facility Corrective institution Display home Funeral parlour Industry Saleyard Transport terminal (other than Heliport) Veterinary centre Warehouse (other than Store)
PAGE 2 OF 4
36.02-2
19/01/2006 VC37
Permit requirement A permit is required to: Construct a building or construct or carry out works. This does not apply to: Pathways, trails, seating, picnic tables, drinking taps, shelters, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure. Playground equipment or sporting equipment, provided these facilities do not occupy more than 10 square metres of parkland. Navigational beacons and aids. Planting or landscaping. Fencing that is 1 metre or less in height above ground level. A building or works shown in an Incorporated plan which applies to the land. A building or works carried out by or on behalf of a public land manager or Parks Victoria under the Local Government Act 1989, the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forest Act 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988, the Port of Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978. Subdivide land.
36.02-3
19/01/2006 VC37
Application requirements An application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either: To the application for permit being made. To the application for permit being made and to the proposed use or development.
36.02-4
19/01/2006 VC37
Exemption from notice and review An application to subdivide land which is consistent with an Incorporated plan is exempt from the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The comments of any public land manager or other relevant land manager having responsibility for the care or management of the land or adjacent land. Whether the development is appropriately located and designed, including in accordance with any relevant use, design or siting guidelines.
36.02-5
19/01/2006 VC37
36.02-6
19/01/2006 VC37
Incorporated plan An Incorporated plan is a plan which shows the way the land is to be used and developed. An Incorporated plan may include the following information:
PAGE 3 OF 4
Recognition of existing use and how the area is to be developed. The building envelope of any proposed buildings. Details of any proposed buildings or works. The location of pedestrian or vehicle access points or car parking areas. The location of any areas for specific uses or a schedule of specific uses which are allowed without permit. Topographic details including any proposed cut and fill. The location of existing and proposed features. The location of existing native and other vegetation and any proposed landscaping works or areas of vegetation to be added or removed. The identification of sites of flora or fauna significance (including, in particular, any potentially threatened species or significant habitat) or other places of cultural heritage or scientific value. The Incorporated plan must be consistent with the intent of the public land reservation under any Act and make reference to relevant policies and guidelines. An Incorporated plan may be prepared in parts or stages. 36.02-7
19/01/2006 VC37
Use and development of land identified in a schedule Land identified in a schedule to this zone may be used and developed in accordance with the schedule or the specific controls contained in an incorporated document corresponding to the land, provided any condition in the schedule or incorporated document is complied with. Advertising signs Advertising sign requirements are at Clause 52.05. This zone is in Category 4 unless a different requirement is specified in the schedule to this zone.
36.02-8
19/01/2006 VC37
Note:
Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of the land. Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
PAGE 4 OF 4
19/01/2006 VC37
SCHEDULE TO THE PUBLIC PARK AND RECREATION ZONE Public land

None specified
Use or development
Conditions
Land
None specified
PUBLIC PARK AND RECREATION ZONE - SCHEDULE
PAGE 1 OF 1
36.03
21/09/2009 VC60
PUBLIC CONSERVATION AND RESOURCE ZONE Shown on the planning scheme map as PCRZ. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To protect and conserve the natural environment and natural processes for their historic, scientific, landscape, habitat or cultural values. To provide facilities which assist in public education and interpretation of the natural environment with minimal degradation of the natural environment or natural processes. To provide for appropriate resource based uses.
36.03-1
21/09/2009 VC60

USE Apiculture CONDITION Must meet the requirements of the Apiary Code of Practice, May 1997. Must be either of the following:
Boat launching facility Camping and caravan park Caretakers house Car park Informal outdoor recreation Interpretation centre Jetty Kiosk Marine dredging
A use conducted by or on behalf of a public land manager or Parks Victoria under the relevant provisions of the Local Government Act 1989, the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forest Act 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988, the Port of Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978. Specified in an Incorporated plan in a schedule to this zone.
Mineral exploration Mineral, stone or soil extraction (other than Mineral exploration, Mining, and Search for stone) Must be either of the following:
PUBLIC CONSERVATION AND RESOURCE ZONE
PAGE 1 OF 5
USE Mining
CONDITION Must meet the requirements of Clause 52.082. Must be either of the following:
Mooring pole
Natural systems Open sports ground Pier Pontoon Road Must be either of the following:
Search for stone Telecommunications facility
Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19 Must be either of the following:
meet
the
Utility installation (other than Telecommunications facility)
PAGE 2 OF 5
USE Any other use not in Section 2 or 3
CONDITION Must be a use conducted by or on behalf of a public land manager or Parks Victoria under the relevant provisions of the Local Government Act 1989, the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forest Act 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988, the Port of Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978.

USE Renewable energy facility (other than Wind energy facility) CONDITION
Must not be located on land reserved under the National Parks Act 1975. Must meet the requirements of Clause 52.42. Must not be located on land reserved under the National Parks Act 1975. Must meet the requirements of Clause 52.32.
Wind energy facility
USE The use in Section 1 described as Any other use not in Section 2 or 3 if the Section 1 condition is not met
36.03-2
19/01/2006 VC37
Construct a building or construct or carry out works. This does not apply to:
Planting or landscaping. A building or works shown in an Incorporated plan which applies to the land. A building or works carried out by or on behalf of a public land manager or Parks Victoria under the Local Government Act 1989, the Reference Areas Act 1978, the National Parks Act 1975, the Fisheries Act 1995, the Wildlife Act 1975, the Forest Act 1958, the Water Industry Act 1994, the Water Act 1989, the Marine Act 1988, the Port of Melbourne Authority Act 1958 or the Crown Land (Reserves) Act 1978.
Subdivide land.
36.03-3
19/01/2006 VC37
Application requirements An application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either:
To the application for permit being made.
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19/01/2006 36.03-4 VC37
To the application for permit being made and to the proposed use or development.
Exemption from notice and review An application to subdivide land which is consistent with an Incorporated plan is exempt from the notice requirements of Section 52(1) (a), (b), and (d), the decision requirements of Sections 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
36.03-5
19/01/2006 VC37
Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The comments of any public land manager or other relevant land manager having responsibility for the care or management of the land or adjacent land. Whether the development is appropriately located and designed, including in accordance with any relevant use, design or siting guidelines.
36.03-6
19/01/2006 VC37
Incorporated plan An Incorporated plan is a plan which shows the way the land is to be used and developed. An Incorporated plan may include the following information:

Recognition of existing use and how the area is to be developed. The building envelope of any proposed buildings. Details of proposed buildings or works. The location of pedestrian or vehicle access points or car parking areas. The location of any areas for specific uses and a schedule of specific uses which are allowed without permit. Topographic details including any proposed cut and fill. The location of existing and proposed features. The location of existing native or other vegetation and any proposed landscaping works or areas of vegetation to be added or removed. The identification of sites of flora or fauna significance (including, in particular, any potentially threatened species or significant habitat) or other places of cultural, heritage or scientific value.
The Incorporated plan must be consistent with the intent of the public land reservation under any Act and make reference to relevant policies and guidelines. An Incorporated plan may be prepared in parts or stages. 36.03-7
19/01/2006 VC37
Use and development of land identified in a schedule Land identified in a schedule to this zone may be used and developed in accordance with the schedule or the specific controls contained in an incorporated document corresponding to the land, provided any condition in the schedule or incorporated document is complied with.
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36.03-8
19/01/2006 VC37
Advertising signs Advertising sign controls are at Clause 52.05. This zone is in Category 4 unless a different requirement is specified in the schedule to this zone.
Note:
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19/01/2006 VC37
SCHEDULE TO THE PUBLIC CONSERVATION AND RESOURCE ZONE Public land

None specified
Use or development
Conditions
Land
None specified
PUBLIC CONSERVATION AND RESOURCE ZONE - SCHEDULE
PAGE 1 OF 1
36.04
15/12/2008 VC50
ROAD ZONE Shown on the planning scheme map as RDZ1 for a Category 1 road and RDZ2 for a Category 2 road. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify significant existing roads. To identify land which has been acquired for a significant proposed road.
36.04-1
19/01/2006 VC37

Mineral exploration Mining Minor utility installation Natural systems Railway Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19 meet the Must meet the requirements of Clause 52.082.
Tramway

USE Mineral, stone or soil extraction (other than Mineral exploration, Mining, and Search for stone) Utility installation (other than Minor utility installation and Telecommunications facility) Any other use not in Section 1 or 3 CONDITION
USE Nil
ROAD ZONE
PAGE 1 OF 2
36.04-2
19/01/2006 VC37
Construct a building or construct or carry out works for a use in Section 2 of Clause 36.04-1. Subdivide land.
36.04-3
19/01/2006 VC37
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The views of the relevant road authority. The effect of the proposal on the operation of the road and on public safety.
36.04-4
15/12/2008 VC50
Advertising signs Advertising sign controls are at Clause 52.05. A permit is required to display a sign over the road formation or over land within 600 millimetres of the road formation. For other land in this zone, the category of advertising control which applies is the category which applies to the adjoining zone nearest to the land. If land is equidistant from two or more adjoining zones, the least restrictive category applies. Where the Public Use Zone 4 is the nearest adjoining zone, a permit is required to display a sign.
Notes:
ROAD ZONE
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37
19/01/2006 VC37
SPECIAL PURPOSE ZONES
SPECIAL USE ZONE
PAGE 1 OF 1
37.01
19/01/2006 VC37
SPECIAL USE ZONE Shown on the planning scheme map as SUZ with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To recognise or provide for the use and development of land for specific purposes as identified in a schedule in this zone.
37.01-1
19/01/2006 VC37

USE Any use in Section 1 of the schedule to this zone CONDITION Must comply with any condition in Section 1 of the schedule to this zone

USE Any use in Section 2 of the schedule to this zone Any other use not in Section 1 or 3 of the schedule to this zone CONDITION Must comply with any condition in Section 2 of the schedule to this zone.
USE Any use in Section 3 of the schedule to this zone
37.01-2
19/01/2006 VC37
Use of land Any requirement in the schedule to this zone must be met. Application requirements An application to use land must be accompanied by any information specified in the schedule to this zone. Exemption from notice and review The schedule to this zone may specify that an application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
SPECIAL USE ZONE
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The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any guidelines in the schedule to this zone. 37.01-3
19/01/2006 VC37
Subdivision
Permit requirement A permit is required to subdivide land. Any requirement in the schedule to this zone must be met. Application requirements An application to subdivide land must be accompanied by any information specified in the schedule to this zone. Exemption from notice and review The schedule to this zone may specify that an application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any guidelines in the schedule to this zone. 37.01-4
19/01/2006 VC37
Buildings and works
Permit requirement A permit is required to construct a building or construct or carry out works unless the schedule to this zone specifies otherwise. Any requirement in the schedule to this zone must be met. Application requirements An application to construct a building or construct or carry out works must be accompanied by any information specified in the schedule to this zone. Exemption from notice and review The schedule to this zone may specify that an application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
SPECIAL USE ZONE
PAGE 2 OF 3
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any guidelines in the schedule to this zone. 37.01-5
19/01/2006 VC37
Advertising signs Advertising sign requirements are at Clause 52.05. This zone is in Category 3 unless a schedule to this zone specifies a different category.
Notes:
Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
SPECIAL USE ZONE
PAGE 3 OF 3
19/01/2006 VC37
SCHEDULE 1 TO THE SPECIAL USE ZONE Shown on the planning scheme map as SUZ1. Community, recreation, education and religious purposes
Purpose To recognise the use of private facilities including community, sporting leisure, recreation, education and religious facilities. To ensure that flood risk is taken into consideration for use or development of facilities on or near land subject to flooding. 1.0
19/01/2006 VC37
Table of uses
Section 1 - Permit not required USE

Apiculture
CONDITION
Must meet the requirements of the Apiary Code of Practice, May 1997.
Caretakers house Cemetery Child care centre Dependent persons unit Education centre Home occupation Hospital Medical centre Mineral exploration Mining Must meet the requirements of Clause 52.08-2. Must be used in association with a Hospital.
Minor sports and recreation facility (other than Paintball games facility and Restricted recreation facility) Minor utility installation Natural systems Place of assembly (other than Amusement parlour, Cinema, Circus, Drive-in theatre, Nightclub, and Restricted place of assembly) Railway Road
SPECIAL USE ZONE - SCHEDULE 1
PAGE 1 OF 3
USE
Search for stone Telecommunications facility
CONDITION
Must not be consteaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the
Tramway
Section 2 - Permit required USE

Agriculture (other than Apiculture) Art and craft centre Car park Convenience shop Dwelling (other than Caretakers house) Industry Leisure and recreation (other than Minor sports and recreation facility and Motor racing track) Market Mineral, stone, or soil extraction (other than Mineral exploration, Mining, and Search for stone) Pleasure boat facility Residential building Restricted place of assembly Restricted recreation facility Store Utility installation (other than Minor utility installation and Telecommunications facility)
CONDITION
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Section 3 - Prohibited USE

Accommodation (other than Dependent persons unit, Dwelling, and Residential building) Amusement parlour Cinema Circus Drive-in theatre Motor racing track Nightclub Office (other than Medical centre) Paintball games facility Retail premises (other than Convenience shop and Market) Warehouse (other than Store) Any other use not in Section 1 or 2
2.0
19/01/2006 VC37
Application requirements An application to use or subdivide land, construct a building or construct or carry out works must be referred to the referral authority specified in Clause 66.04 or a schedule to that clause.
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19/01/2006 VC37
SCHEDULE 2 TO THE SPECIAL USE ZONE Shown on the planning scheme map as SUZ2. EXTRACTIVE INDUSTRY
Purpose To recognise or provide for the use and development of land for extractive industry. To encourage interim use of the land compatible with the use and development of nearby land. To encourage land management practice and rehabilitation that minimises adverse impact on the use and development of nearby land. 1.0
19/01/2006 VC37
Table of uses

Apiculture
CONDITION
Extensive animal husbandry Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.08-2.
Minor utility installation Natural systems Railway Road Search for stone Tramway Must not be costeaning or bulk sampling.
PAGE 1 OF 3

Agriculture (other than Animal keeping, Animal training, Apiculture, Extensive animal husbandry, Horse stables, and Intensive animal husbandry) Animal keeping (other than Animal boarding) Caretakers house Dependent persons unit Industry (other than Materials recycling, Refuse disposal, and Refuse transfer station) Landscape gardening supplies Leisure and recreation (other than Informal outdoor recreation) Manufacturing sales Materials recycling Mineral, stone, or soil extraction (other than Mineral exploration, Mining, and Search for stone) Place of assembly (other than Amusement parlour and Nightclub) Refuse disposal Refuse transfer station Utility installation (other than Minor utility installation) Warehouse Must not be a purpose listed in the table to Clause 52.10. Must not be a purpose listed in the table to Clause 52.10. Must be no more than four animals.
CONDITION
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Accommodation (other than Caretakers house and Dependent person's unit) Amusement parlour Animal boarding Animal training Brothel Cinema based entertainment facility Horse stables Intensive animal husbandry Nightclub Office Retail premises (other than Landscape gardening supplies and Manufacturing sales) Saleyard Service station Transport terminal Veterinary centre
2.0
19/01/2006 VC37
Buildings and works
Permit requirement The requirement for a permit does not apply to the construction of a building or the construction or carrying out of works which are a modification necessary to comply with a direction or licence under the Dangerous Goods Act 1985 or a Waste Discharge Licence, Works Approval or Pollution Abatement Notice under the Environment Protection Act 1970.
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19/01/2006 VC37
SCHEDULE 3 TO THE SPECIAL USE ZONE Shown on the planning scheme map as SUZ3 TERMINAL STATION
Purpose To provide for land to be used for an electricity terminal station. 1.0
19/01/2006 VC37
Table of uses

Apiculture
CONDITION
Natural systems Railway Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the
Tramway

Agriculture (other than Apiculture and Intensive animal husbandry) Caretaker's house Industry (other than Materials recycling, Refuse disposal, and Refuse transfer station) Landscape gardening supplies Manufacturing sales Materials recycling Mineral, stone, or soil extraction (other than Mineral exploration, Mining, and Search for stone) Must not be a purpose listed in the table to Clause 52.10.
CONDITION
PAGE 1 OF 2
Section 2 - Permit required (continued) USE

Place of assembly (other than Amusement parlour and Nightclub) Refuse disposal Refuse transfer station Utility installation (other than Telecommunications facility) Warehouse Must not be a purpose listed in the table to Clause 52.10.
CONDITION

Accommodation (other than Caretaker's house) Amusement parlour Brothel Cinema based entertainment facility Intensive animal husbandry Nightclub Office Retail premises (other than Landscape gardening supplies and Manufacturing sales) Saleyard Service station Transport terminal
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37.02
19/01/2006 VC37
COMPREHENSIVE DEVELOPMENT ZONE Shown on the planning scheme map as CDZ with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for a range of uses and the development of land in accordance with a comprehensive development plan incorporated in this scheme.
37.02-1
19/01/2006 VC37

USE Any use in Section 1 of the schedule to this zone CONDITION Must comply with any condition in Section 1 of the schedule to this zone.

USE Any use in Section 2 of the schedule to this zone Any other use not in Section 1 or 3 of the schedule to this zone CONDITION Must comply with any condition in Section 2 of the schedule to this zone.
USE Any use in Section 3 of the schedule to this zone
37.02-2
19/01/2006 VC37
Use of land Any requirement in the schedule to this zone must be met. Application requirements An application to use land must be accompanied by any information specified in the schedule to this zone. Exemption from notice and review The schedule to this zone may specify that an application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
COMPREHENSIVE DEVELOPMENT ZONE
PAGE 1 OF 3
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any guidelines in the schedule to this zone. 37.02-3
09/10/2006 VC42
Subdivision
Permit requirement A permit is required to subdivide land. Any requirement in the schedule to this zone must be met. Application requirements An application to subdivide land for residential development, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and: Must meet all of the objectives included in the clauses specified in the following table. Should meet all of the standards included in the clauses specified in the following table.
Class of subdivision Objectives and standards to be met
60 or more lots 16 59 lots 3 15 lots 2 lots
All except Clause 56.03-5. All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3. All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6. Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.
An application to subdivide land must be accompanied by any information specified in the schedule to this zone. Exemption from notice and review The schedule to this zone may specify that an application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The objectives and standards of Clause 56. Any guidelines in the schedule to this zone.
PAGE 2 OF 3
37.02-4
19/01/2006 VC37
Buildings and works
Permit requirement A permit is required to construct a building or construct or carry out works unless the schedule to this zone specifies otherwise. Any requirement in the schedule to this zone must be met. Application requirements An application to construct a building or construct or carry out works must be accompanied by any information specified in the schedule to this zone. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act if it is generally consistent with the comprehensive development plan. The schedule to this zone may specify that other applications are also exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any guidelines in the schedule to this zone. 37.02-5
19/01/2006 VC37
Advertising signs Advertising sign requirements are at Clause 52.05. This zone is in Category 3 unless a schedule to this zone specifies a different category. Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land. Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
Notes:
PAGE 3 OF 3
19/01/2006 VC37
SCHEDULE 1 TO THE COMPREHENSIVE DEVELOPMENT ZONE Shown on the planning scheme map as CDZ1. Waterford Valley Comprehensive Development Plan, Drawing No. 30015698/101 (A), prepared by Aspect Landscape Consultants Pty Ltd, August 1999
Land The land has an area of approximately 160 hectares and is located generally east of Henderson Road and south of Ferntree Gully Road, including part of Knox Park. The land also extends to the north, north-west and south-east of Karoo Road, generally to the north of Kelletts Road. Purpose To provide for the land to be used and developed for a golf course, hotel, function/conference centre, gymnasium/fitness centre, retirement village, condominiums, display homes, offices, medical centre and associated uses. To ensure that the combination of uses, their density, and the scale and character of any development do not prejudice the amenity of surrounding areas. To ensure that development occurs in an orderly and staged manner. To provide for the enhancement of the flora and fauna habitats on the land. To ensure that development does not adversely affect the floodplain of Monbulk and Ferny Creeks. To ensure that development does not adversely affect the waterway conditions, water quality or stream ecosystem of Monbulk and Ferny Creeks. 1.0
19/01/2006 VC37
Table of uses

Agriculture (other than Animal husbandry) Apiculture Must meet the requirements of the Apiary Code of Practice, May 1997. Must provide parking only for vehicles associated with another use on the land. The total number of seats for the function/conference centre must not exceed 800. The total floor area for the function space must not exceed 1,500 square metres. Car parking must be provided to satisfaction of the responsible authority. the
CONDITION
Car park
Function centre
COMPREHENSIVE DEVELOPMENT ZONE SCHEDULE 1
PAGE 1 OF 8
USE
Golf course
CONDITION
The use must include a golf practice area, associated shop, clubhouse and maintenance facilities. The total floor area for the shop and clubhouse must not exceed 930 square metres. The total floor area for the maintenance facility must not exceed 900 square metres (including golf cart storage). Car parking must be provided to satisfaction of the responsible authority. the
Waterways, water bodies, wetlands, landscaping and access areas must be provided to the requirements of Melbourne Water and to the satisfaction of the responsible authority. Golf driving range Waterways, water bodies, wetlands, landscaping and access areas must be provided to the requirements of Melbourne Water and to the satisfaction of the responsible authority.
Home occupation Informal outdoor recreation Medical centre The total floor area must not exceed 800 square metres. Car parking must be provided to satisfaction of the responsible authority. Mineral exploration Mining Must meet the requirements of Clause 52.082. the
Minor utility installation Natural systems Office (other than Medical centre) The total floor area must not exceed 1,800 square metres. Must be for the owner of the land, Victorian Golf Association, Womens Golf Association, Victorian Institute of Sport, Royal Melbourne Institute of Technology or any affiliate organisation, or other organisation to the satisfaction of the responsible authority. Must be used for administration purposes. Car parking must be provided to satisfaction of the responsible authority. the
PAGE 2 OF 8
USE
Residential hotel
CONDITION
The total floor area must not exceed 14,500 square metres, inclusive of 8,000 square metres for hotel suites. The total number of seats for dining purposes must not exceed 300. The total number of accommodation units must not exceed 75 suites and 75 condominiums. Car parking must be provided to satisfaction of the responsible authority. the
Restricted recreation facility
Must be a gymnasium or fitness centre. The total floor area for the gymnasium or fitness centre must not exceed 1,700 square metres. Car parking must be provided to satisfaction of the responsible authority. the
Retirement village
Must not exceed a total of 450 dwellings. Car parking must be provided to satisfaction of the responsible authority. the
Road Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19. meet the

Animal husbandry (other than Apiculture) Display home Must be for the owner of the land. The total number of display homes must not exceed 6 at any time. Car parking must be provided to satisfaction of the responsible authority. Dwelling Must not exceed a total of 75 dwellings. Car parking must be provided to satisfaction of the responsible authority. Education centre the the
CONDITION
Must be directly associated with another use on the land. Car parking must be provided to satisfaction of the responsible authority. the
PAGE 3 OF 8
USE
Leisure and recreation (other than Golf course, Golf driving range, Informal outdoor recreation, Motor racing track, and Restricted recreation facility)
CONDITION

Accommodation (other than Dwelling, Residential hotel, and Retirement village) Art and craft centre Brothel Cemetery Child care centre Cinema based entertainment facility Crematorium Freeway service centre Funeral parlour Hospital Industry Mineral, stone, or soil extraction (other than Mineral exploration, Mining, and Search for stone) Motor racing track Place of assembly (other than Function centre) Pleasure boat facility Research centre Retail premises Saleyard Service station Transport terminal Utility installation (other than Minor utility installation and Telecommunications facility) Veterinary centre Warehouse Winery
PAGE 4 OF 8
2.0
19/01/2006 VC37
Use of land
General requirements A use must not detrimentally affect the amenity of the neighbourhood, including through the: Transport of materials, goods or commodities to or from the land. Appearance of any building, works or materials. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. Overall Development Plan Prior to the commencement of any use, an Overall Development Plan must be prepared for the overall development of the land to the satisfaction of the responsible authority. The plan must: Be generally in accordance with the Waterford Valley Comprehensive Development Plan, Drawing No. 30015698/101 (A), prepared by Aspect Landscape Consultants Pty Ltd, August 1999. Enable the comprehensive development of the land in the zone for a golf course, hotel, function/conference centre, gymnasium/fitness centre, retirement village, condominiums, display homes, offices, medical centre and associated uses including waterways, floodplains, wetlands and other water bodies. Be prepared to the requirements of Melbourne Water. Before deciding whether the Overall Development Plan is to its satisfaction, the responsible authority must consider the orderly planning of the area, including: The preservation of the amenity of nearby residents. The protection and enhancement of the environmental qualities of Ferny and Monbulk Creeks including the protection of the water quality of these waterways. The orderly management of vehicular and pedestrian traffic. The visual impact of the building or works upon the area. The management of the floodplain and catchment. Exemption from notice and appeal An application to use land is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act if it is generally in accordance with an Overall Development Plan prepared to the satisfaction of the responsible authority. Decision guidelines Before deciding on an application to use land, the responsible authority must consider, as appropriate: Any Overall Development Plan prepared to the satisfaction of the responsible authority.
PAGE 5 OF 8
The effect that existing uses may have on the proposed use. The drainage of the land, water quality, waterway and floodplain management. The availability of and connection to services. The effect of traffic to be generated on roads and orderly management of vehicular and pedestrian traffic. The protection and enhancement of the environmental qualities of Ferny and Monbulk Creeks. The preservation of the amenity of nearby residents. The interim use of those parts of the land not required for the proposed use. 3.0
19/01/2006 VC37
Subdivision
Exemption from notice and appeal An application to subdivide land is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone, land used for a hospital or school or land in a Public Acquisition Overlay to be acquired for a hospital or school. Decision guidelines Before deciding on an application to subdivide land, the responsible authority must consider, as appropriate: Any Overall Development Plan prepared to the satisfaction of the responsible authority. The interface with adjacent zones, especially the relationship with residential areas. Any natural or cultural values on or near the land. The ownership pattern of land in the zone. 4.0
19/01/2006 VC37
Buildings and works
General requirements The staging of buildings and works must be to the satisfaction of the responsible authority. Environmental Management Plan Prior to the commencement of any building or works, a site construction and operation environmental management plan (the Environmental Management Plan) must be prepared to the requirements of Melbourne Water and to the satisfaction of the responsible authority. The Environmental Management Plan must be prepared in or after consultation with Melbourne Water. The Environmental Management Plan may be amended at the request of or with the consent of the owner of the land. Any amendment must be to the satisfaction of the responsible authority and Melbourne Water.
PAGE 6 OF 8
Application requirements An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate: A plan drawn to scale which shows: The boundaries and dimensions of the site. Adjoining roads. Relevant ground levels. The layout of existing and proposed buildings and works. Driveways and vehicle parking and loading areas. Proposed landscape areas. Elevation drawings to scale which show the colour and materials of all buildings and works. Construction details of all drainage works, driveways and vehicle parking and loading areas. A landscape plan. Exemption from notice and appeal An application to construct a building or construct or carry out works is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act if it is generally in accordance with an Overall Development Plan prepared to the satisfaction of the responsible authority. Decision guidelines Before deciding on an application to construct a building or construct or carry out works, the responsible authority must consider, as appropriate: Any Overall Development Plan prepared to the satisfaction of the responsible authority. Any Environmental Management Plan prepared in accordance with this schedule. Any natural or cultural values on or near the land. Streetscape character. Built form. Landscape treatment. Interface with nearby areas. Parking and site access. Lighting. Stormwater discharge. The preservation of the amenity of nearby residents. The protection and enhancement of the environmental qualities of Ferny and Monbulk Creeks including the protection of the water quality of these waterways.
PAGE 7 OF 8
The orderly management of vehicular and pedestrian traffic. The visual impact of the building or works upon the area. The management of the floodplain and catchment. 5.0
19/01/2006 VC37
Advertising signs This zone is in Category 3 of the table at Clause 52.05, except for Sites A and B as shown on the Waterford Valley Comprehensive Development Plan, Drawing No. 30015698/101 (A), prepared by Aspect Landscape Consultants Pty Ltd, August 1999 which are in Category 2 of the table at Clause 52.05.
PAGE 8 OF 8
37.03
15/09/2008 VC49
URBAN FLOODWAY ZONE Shown on the planning scheme map as UFZ. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify waterways, major floodpaths, drainage depressions and high hazard areas within urban areas which have the greatest risk and frequency of being affected by flooding. To ensure that any development maintains the free passage and temporary storage of floodwater, minimises flood damage and is compatible with flood hazard, local drainage conditions and the minimisation of soil erosion, sedimentation and silting. To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989. To protect water quality and waterways as natural resources in accordance with the provisions of relevant State Environment Protection Policies, and particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).
37.03-1
19/01/2006 VC37

USE Apiculture Extensive animal husbandry Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.08-2. CONDITION Must meet the requirements of the Apiary Code of Practice, May 1997.
Natural systems Search for stone Telecommunications facility Must not be costeaning or bulk sampling. Buildings and works must requirements of Clause 52.19 meet the

USE Agriculture (other than Apiculture and Extensive animal husbandry) Leisure and recreation (other than Informal outdoor recreation, Indoor recreation facility, and Motor racing track) Mineral, stone or soil extraction (other than Mineral exploration, Mining, and Search for stone) Road Utility installation (other than Telecommunications facility) CONDITION
URBAN FLOODWAY ZONE
PAGE 1 OF 4
USE Indoor recreation facility Motor racing track Any other use not in Section 1 or 2
37.03-2
15/09/2008 VC49
Buildings and works A permit is required to construct a building or construct or carry out works, including:

A fence. Roadworks. Bicycle pathways and trails. Public toilets. A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level. A non-domestic disabled access ramp.
This does not apply to:
Flood mitigation works carried out by the responsible authority or floodplain management authority. The following works in accordance with plans prepared to the satisfaction of the responsible authority:
The laying of underground sewerage, water and gas mains, oil pipelines, underground telephone lines and underground power lines provided they do not alter the topography of the land. The erection of telephone or power lines provided they do not involve the construction of towers or poles.
Post and wire and post and rail fencing.
37.03-3
19/01/2006 VC37
Subdivision A permit is required to subdivide land. A permit may only be granted to subdivide land if the following apply:
The subdivision does not create any new lots, which are entirely within this zone. This does not apply if the subdivision creates a lot, which by agreement between the owner and the relevant floodplain management authority, is to be transferred to an authority for a public purpose. The subdivision is the resubdivision of existing lots and the number of lots is not increased, unless a local floodplain development plan incorporated into this scheme specifically provides otherwise.
URBAN FLOODWAY ZONE
PAGE 2 OF 4
37.03-4
19/01/2006 VC37
Application requirements
Local floodplain development plan If a local floodplain development plan has been developed for the area and has been incorporated into this scheme, an application must be consistent with the plan. Flood risk report If a local floodplain development plan for the area has not been incorporated into this scheme, an application must be accompanied by a flood risk report to the satisfaction of the responsible authority. The flood risk report must consider the following, where applicable:

The existing use and development of the land. Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this zone. The susceptibility of the development to flooding and flood damage. The potential flood risk to life, health and safety associated with the development. Flood risk factors to consider include:
The frequency, duration, extent, depth and velocity of flooding of the site and accessway. The flood warning time available. The danger to the occupants of the development, other floodplain residents and emergency personnel if the site or accessway is flooded.
The effect of the development on redirecting or obstructing floodwater, stormwater or drainage water and the effect of the development on reducing flood storage and increasing flood levels and flow velocities. The effects of the development on environmental values such as natural habitat, stream stability, erosion, water quality and sites of scientific significance.
37.03-5
19/01/2006 VC37
Referral of applications An application must be referred to the relevant floodplain management authority under Section 55 of the Act unless in the opinion of the responsible authority the proposal satisfies requirements or conditions previously agreed in writing between the responsible authority and the floodplain management authority. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
37.03-6
19/01/2006 VC37
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The local floodplain development plan or flood risk report. Any comments of the relevant floodplain management authority.
37.03-7
19/01/2006 VC37
Advertising signs Advertising sign requirements are at Clause 52.05. This zone is in Category 4 unless a schedule to this zone specifies a different category.
URBAN FLOODWAY ZONE
PAGE 3 OF 4
Notes:
URBAN FLOODWAY ZONE
PAGE 4 OF 4
19/01/2006 VC37
SCHEDULE TO THE URBAN FLOODWAY ZONE Land

None specified
URBAN FLOODWAY ZONE - SCHEDULE
PAGE 1 OF 1
Overlays Overlays
40
19/01/2006 VC37
OVERLAYS This section sets out the overlays which apply in this scheme.
OVERLAYS CLAUSE 40
PAGE 1 OF 1
41
19/01/2006 VC37
OPERATION OF OVERLAYS
If an overlay is shown on the planning scheme map, the provisions of the overlay apply in addition to the provisions of the zone and any other provision of this scheme. Because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the State Planning Policy Framework, the Local Planning Policy Framework, the purpose and decision guidelines of the overlay and any of the other decision guidelines in Clause 65.
OPERATION OF OVERLAYS
PAGE 1 OF 1
42
19/01/2006 VC37
ENVIRONMENTAL AND LANDSCAPE OVERLAYS
ENVIRONMENTAL AND LANDSCAPE OVERLAYS
PAGE 1 OF 1
42.01
15/12/2008 VC50
ENVIRONMENTAL SIGNIFICANCE OVERLAY Shown on the planning scheme map as ESO with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas where the development of land may be affected by environmental constraints. To ensure that development is compatible with identified environmental values.
42.01-1
19/01/2006 VC37
Environmental significance and objective A schedule to this overlay must contain:

A statement of environmental significance. The environmental objective to be achieved.
42.01-2
15/09/2008 VC49
Construct a building or construct or carry out works. This does not apply if a schedule to this overlay specifically states that a permit is not required. Construct a fence if specified in a schedule to this overlay. Construct bicycle pathways and trails. Subdivide land. This does not apply if a schedule to this overlay specifically states that a permit is not required. Remove, destroy or lop any vegetation, including dead vegetation. This does not apply:
If a schedule to this overlay specifically states that a permit is not required. If the table to Clause 42.01-3 specifically states that a permit is not required. To the removal, destruction or lopping of native vegetation in accordance with a native vegetation precinct plan specified in the schedule to Clause 52.16.
42.01-3
15/12/2008 VC50
Table of exemptions
No permit is required to remove, destroy or lop vegetation to the minimum extent necessary if any of the following apply: Regrowth
The vegetation is regrowth which has naturally established or regenerated on land lawfully cleared of naturally established vegetation and is within the boundary of a timber production plantation, as indicated on a Plantation Development Notice or other documented record, and has established after the plantation. This exemption does not apply to land on which vegetation has been cleared or otherwise destroyed or damaged as a result of flood, fire or other natural disaster.
ENVIRONMENTAL SIGNIFICANCE OVERLAY
PAGE 1 OF 4
No permit is required to remove, destroy or lop vegetation to the minimum extent necessary if any of the following apply: Bracken
The vegetation is bracken (Pteridium esculentum) which has naturally established or regenerated on land lawfully cleared of naturally established vegetation. This exemption does not apply to land on which vegetation has been cleared or otherwise destroyed or damaged as a result of flood, fire or other natural disaster.
Noxious weeds
The vegetation is a noxious weed the subject of a declaration under section 58 or section 58A of the Catchment and Land Protection Act 1994. This exemption does not apply to Australian Dodder (Cuscuta australis). The vegetation is to be removed, destroyed or lopped to enable the removal of pest animal burrows. In the case of native vegetation the written agreement of an officer of the Department responsible for administering the Flora and Fauna Guarantee Act 1988 is required before the vegetation can be removed, destroyed or lopped.
Pest animal burrows
Land use conditions
The vegetation is to be removed, destroyed or lopped to comply with a land use condition served under the Catchment and Land Protection Act 1994. The vegetation is to be removed, destroyed or lopped to comply with land management notice issued under the Catchment and Land Protection Act 1994. The vegetation has been planted or grown as a result of direct seeding for Crop raising or Extensive animal husbandry. The vegetation presents an immediate risk of personal injury or damage to property and only that part of vegetation which presents the immediate risk is removed, destroyed or lopped. The vegetation is to be removed, destroyed or lopped by a public authority or municipal council to create an emergency access or to enable emergency works. The vegetation is to be removed, destroyed or lopped for the making of a fuelbreak by or on behalf of a public authority in accordance with a strategic fuelbreak plan approved by the Secretary of the Department of Sustainability and Environment. The maximum width of a fuelbreak must not exceed 40 metres. The vegetation is to be removed, destroyed or lopped for fire fighting measures, periodic fuel reduction burning, or the making of a fuel break up to 6 metres wide. The vegetation is ground fuel within 30 metres of a building. The vegetation is to be removed, destroyed or lopped in
Land management notices
Planted vegetation
Emergency works
Fire protection
PAGE 2 OF 4
No permit is required to remove, destroy or lop vegetation to the minimum extent necessary if any of the following apply: accordance with a fire prevention notice under:
Section 65 of the Forests Act 1958. Section 41 of the Country Fire Authority Act 1958. Section 8 of the Local Government Act 1989.
The vegetation is to be removed, destroyed or lopped to keep the whole or any part of any vegetation clear of an electric line in accordance with a code of practice prepared under Part 8 of the Electricity Safety Act 1998. The vegetation is to be removed, destroyed or lopped in accordance with any code of practice prepared in accordance with Part 8 of the Electricity Safety Act 1998 in order to minimise the risk of bushfire ignition in the proximity of electricity lines. The vegetation is to be removed, destroyed or lopped for establishing sight-lines for the measurement of land by surveyors in the exercise of their profession, and if using hand-held tools. The vegetation is to be removed, destroyed or lopped to maintain the safe and efficient function of an existing public road managed by the relevant responsible road authority (as defined by the Road Management Act 2004) in accordance with the written agreement of the Secretary of the Department of Sustainability and Environment. The vegetation is to be removed, destroyed or lopped to maintain the safe and efficient function of an existing railway or railway access road, in accordance with the written agreement of the Secretary of the Department of Sustainability and Environment. The vegetation is to be removed, destroyed or lopped to enable the carrying out of Extractive industry in accordance with a work plan approved under the Extractive Industries Development Act 1995 and authorised by a work authority granted under that Act. The vegetation is to be removed, destroyed or lopped to enable the carrying out of the Search for stone. The maximum extent of vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following:
Surveying
Public roads
Railways
Extractive industry
Search for stone
1 hectare of vegetation which does not include a tree. 15 trees if each tree has a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level. 5 trees if each tree has a trunk diameter of 40 centimetres
PAGE 3 OF 4
No permit is required to remove, destroy or lop vegetation to the minimum extent necessary if any of the following apply: or more at a height of 1.3 metres above ground level. This exemption does not apply to vegetation to be removed, destroyed or lopped to enable costeaning and bulk sampling activities. Mining
The vegetation is to be removed, destroyed or lopped to enable the carrying out of Mining in accordance with a work plan approved under the Mineral Resources (Sustainable Development) Act 1990 and authorised by a work authority granted under that Act.
Mineral Exploration Geothermal energy exploration and extraction
The vegetation is to be removed, destroyed or lopped to enable the carrying out of Mineral exploration. The vegetation is to be removed, destroyed or lopped to enable the carrying out of geothermal energy exploration or extraction in accordance with the Geothermal Energy Resources Act 2005.
42.01-4
15/09/2008 VC49
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The statement of environmental significance and the environmental objective contained in a schedule to this overlay. Any other matters specified in a schedule to this overlay.
Notes:
Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land. Check the requirements of the zone which applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
PAGE 4 OF 4
05/02/2009 C45
SCHEDULE 1 TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY Shown on the planning scheme map as ESO1. SITE OF BIOLOGICAL SIGNIFICANCE (RESERVOIR CRESCENT, ROWVILLE)
1.0
05/02/2009 C45
Statement of environmental significance The site covered by this schedule has been identified as a site of biological significance in an assessment by Dr. Graeme S. Lorimer (Biosphere Pty. Ltd.). The protection and appropriate management of such sites is of particular importance for the maintenance of Victorias biodiversity. Biodiversity has intrinsic values and it also provides for human needs (ecosystem services), including the contribution that it makes to the character and amenity of parts of Knox. The site has been assessed as having State Significance, according to the BioSites criteria of the Department of Sustainability & Environment. The site is of State significance because it contains remnant vegetation belonging to regionally Endangered Ecological Vegetation Classes (EVCs). Conservation of Victorias biodiversity requires a high level of protection for remaining examples of regionally Endangered EVCs, particularly in a case such as Reservoir Crescent where the vegetation extends into an abutting national park. Environmentally significant attributes that are present on this site include: The Ecological Vegetation Classes (EVCs) of Valley Heathy Forest and Aquatic Herbland. Both are listed by the Department of Sustainability & Environment as endangered. Under BioSites criterion 3.2.3 the site is of State significance due to the presence of the Valley Heathy Forest. In the Valley Heathy Forest: 45 indigenous plant species were recorded, of which one is critically endangered in Knox (being the only known occurrence in Knox), one is endangered and two are vulnerable. In the Aquatic Herbland: 20 indigenous plant species were recorded, which is above average for the size of the area. The condition of this EVC is good. Two species were identified which are rare or threatened in the whole metropolitan area. Advice received from the Department of Sustainability and Environment indicates that the site has potential habitat value for the Powerful Owl (a vulnerable species in Victoria), which has been recorded approximately 800 metres from the site. Habitat features, such as tree hollows, that are likely to be used by fauna. A role in dispersal of wildlife, pollen or plant propagules, through acting as an ecological stepping stone in a network of sites. Some areas of the site may not be considered environmentally significant when taken in isolation from the rest of the site. These sections are included under this overlay schedule because their use, management and development potential needs to be considered in the context of the site as a whole. This includes any current or potential roles in providing compatible land use adjoining the area(s) of higher environmental significance, such as: Providing an ecological buffer; Providing a buffer for fire safety;
ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1
PAGE 1 OF 5
Providing management access that does not harm the more significant part of the site; and Inhibiting the ingress of nutrients, soil and weed seeds into the significant part of the site. 2.0
05/02/2009 C45
Environmental objective to be achieved To protect and to maintain or improve the condition and viability of habitats, ecological communities, flora and fauna, genetic diversity and aquatic systems of the site, as summarised above. This includes both biological (living and dead) and physical components. To ensure that any use, development or management of land within and adjacent to this area of biological significance is compatible with the long-term conservation of the sites significant attributes. To maintain the integrity of the site through protection from: Removal of native understorey and overstorey vegetation; Removal of planted, dead or fallen trees in cases where it would adversely affect native fauna that rely on the trees (e.g. for cover, food, nesting, roosting, hunting or lookout sites); Displacement of native vegetation or fauna by environmental weeds; Pest animals (including domestic animals such as cats and dogs); Fragmentation of habitat; Increased need for ecologically harmful fire prevention work; and Input of sediment, nutrients and other pollutants into the water body. To provide for adequate fire protection measures with no, or minimum, adverse environmental impacts, e.g. by leaving a firebreak between native vegetation and vulnerable buildings and works, not within the native vegetation. To implement the Port Phillip and Westernport Native Vegetation Plan and the Victorian governments policy of achieving Net Gain in the quantity and quality of native vegetation and habitat. To reduce the level of threat faced by species of flora or fauna that are threatened with extinction from Knox. To protect and strengthen ecological corridors and stepping stones that assist dispersal of wildlife, pollen and plant propagules across the landscape;
3.0
05/02/2009 C45
Permit requirement A permit is not required: To construct, replace or maintain a fence unless it requires removal, destruction or lopping of native vegetation that is not exempted below. To undertake development, works or burning which are carried out as part of a management plan approved by the responsible authority specifically to enhance the sites biologically significant attributes. For activities conducted on public land by or on behalf of the Department of Sustainability & Environment or its successors under the relevant provisions of the
PAGE 2 OF 5
National Parks Act 1975, the Wildlife Act 1975, the Fisheries Act 1995 or the Forest Act 1958. To remove, destroy or lop any vegetation that is: Not native vegetation, unless it includes a tree with a girth exceeding one metre when measured at a height of 13 metres above ground level. Sweet Pittosporum (Pittosporum undulatum). A weed proclaimed under the Catchment and Land Protection Act 1994. Dead or diseased as a result of natural circumstances or competition with weeds, and has been assessed as being suitable for removal by an authorised officer of the responsible authority. Within two metres of a dwelling or within two metres of an outbuilding ancillary to a dwelling. The minimum extent necessary to maintain utility services for the transmission of water, sewage, gas, electricity, electronic communications or the like, provided that the removal, destruction or lopping is undertaken in consultation with the responsible authority. The minimum amount necessary for the construction, replacement or maintenance of a fence provided that the vegetation is within one metre of a title boundary and does not include removal of any tree trunk with a girth of more than one metre when measured at a height of 13 metres above ground level. Seedlings or regrowth less than three years old and the land is being maintained for established pasture, crops or garden. Grass species (i.e. in the botanical family Poaceae) that are to be removed, grazed or cut in association with an existing residential or permitted use or part of an existing farming operation. Required to be pruned or lopped (but not removed) as part of normal horticultural practice for the species.
4.0
05/02/2009 C45
Application requirements An application for a permit that seeks only to remove, destroy or lop non-native vegetation (i.e. trees with trunk girths greater than one metre when measured at a height of 1.3 metres above ground level) must be accompanied by a scaled plan of the property that shows: Property boundaries; The nearest road(s); Existing development on the site; The location, species, trunk girth and condition of each tree to be removed, destroyed or lopped; and The location of any watercourse, wetland, water body or drainage line beneath the crowns of the trees; and an explanation of: The reason(s) for the removal, destruction or lopping; and Any proposed actions to compensate for the loss of the tree canopy or other habitat values.
PAGE 3 OF 5
Applications for all other permits under this schedule should be accompanied by a report that considers the impacts of the proposal that may occur within a period of ten years from commencement, on the subject land and elsewhere, as appropriate. The report must: Predict the nature and magnitude of the proposals impacts on: native vegetation, habitat, threatened communities, threatened EVCs, watercourses, water bodies, drainage lines, hydrology or other features of environmental significance that might be reasonably expected to be affected by the proposal; and the population sizes of any indigenous plant species affected by the proposal. Explain why any adverse effects cannot be avoided or reduced in extent; Indicate any proposed actions to compensate for predicted adverse effects; Indicate whether the site or its surroundings require protection from bushfire and if so, how this is to be achieved with no, or minimum, adverse environmental impact; and be accompanied by one or more scaled and dimensioned plans that show: Property boundaries; The nearest road(s); Existing development on the site; Existing fences; The locations of any items mentioned in a(i) or a(ii) above; The location, species and extent of all native and non-native vegetation to be removed, destroyed or lopped; and the trunk girth and condition of each tree to be removed, destroyed or lopped.
5.0
05/02/2009 C45
Decision guidelines Before deciding on an application, the responsible authority must consider: Potential on-site and off-site impacts on habitat values, potential habitat values and other features of environmental significance discussed in Section 1.0 above. The degree to which the environmental objective set out in Section 2.0 above is expected to be achieved. The potential conservation benefits for the vegetation on the site (particularly that associated with the dam) that could be achieved by managing the site and reducing or eliminating grazing. Potential introduction or spread of weeds, including by soil disturbance or due to runoff. Potential impacts on the sites environmentally significant values due to changes in hydrology of soil, watercourses, water bodies, wetlands or drainage lines. The expected change in fire risk that would result from the proposal. The possible ecological damage that may be done to native vegetation by any increase in fire prevention work that would have to be done as a result of the proposal. The conservation requirements of threatened species, community or EVC on the site, including (but not limited to) those in recovery plans or action statements.
PAGE 4 OF 5
The results of any flora or fauna survey and assessment of the biological values of the land and consideration of whether the survey and assessment has been adequately completed under appropriate seasonal conditions, sufficiently recently and by suitably qualified personnel. The reason for the proposed actions and the practicality of any alternative options that would incur less adverse effects on vegetation, hydrology or other habitat components. Whether appropriate environmental restitution is proposed (e.g. conformity with the Net Gain objectives of the Native Vegetation Framework) and the likelihood of any proposed restitution measures to be successful over a ten year span. If the proposal threatens the existence of a plant species that the responsible authority regards as rare or threatened in Knox, the benefit of requiring as a permit condition that the plant be relocated to somewhere more secure and maintained until established. Whether the proposal may reduce the prospects or opportunities for ecological restoration or enhancement of the site. The usefulness of erecting a fence (temporary or permanent) to protect retained vegetation or aquatic environments from movements of machinery, vehicles or heavy foot traffic associated with the proposal. The usefulness of installing a drain uphill from environmentally significant areas to intercept and divert runoff or subsoil water that may otherwise cause harm. 6.0
05/02/2009 C45
References and information sources Site assessment, Dr Graeme Lorimer, Biosphere Pty Ltd, 25 July 2004, Site assessment, Dr Graeme Lorimer, Biosphere Pty Ltd, 30 December 2007. Sites of Biological Significance Study, 2nd Edition, Dr Graeme Lorimer, Biosphere Pty Ltd, 2008. Standard criteria for sites of biological significance in Victoria, published by the Department of Sustainability & Environment 2004.
PAGE 5 OF 5
42.02
15/12/2008 VC50
VEGETATION PROTECTION OVERLAY Shown on the planning scheme map as VPO with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To protect areas of significant vegetation. To ensure that development minimises loss of vegetation. To preserve existing trees and other vegetation. To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance. To maintain and enhance habitat and habitat corridors for indigenous fauna. To encourage the regeneration of native vegetation.
42.02-1
19/01/2006 VC37
Vegetation significance and objective A schedule to this overlay must contain:

A statement of the nature and significance of the vegetation to be protected. The vegetation protection objective to be achieved.
42.02-2
15/09/2008 VC49
Permit requirement A permit is required to remove, destroy or lop any vegetation specified in a schedule to this overlay. This does not apply:

If the table to Clause 42.02-3 specifically states that a permit is not required. To the removal, destruction or lopping of native vegetation in accordance with a native vegetation precinct plan specified in the schedule to Clause 52.16.
42.02-3
15/12/2008 VC50
Table of exemptions
VEGETATION PROTECTION OVERLAY
PAGE 1 OF 5
Noxious weeds
Pest animal burrows
Land use conditions
The vegetation is to be removed, destroyed or lopped to comply with a land use condition served under the Catchment and Land Protection Act 1994. The vegetation is to be removed, destroyed or lopped to comply with land management notice issued under the Catchment and Land Protection Act 1994. The vegetation has been planted or grown as a result of direct seeding for Crop raising or Extensive animal husbandry. The vegetation presents an immediate risk of personal injury or damage to property and only that part of vegetation which presents the immediate risk is removed, destroyed or lopped. The vegetation is to be removed, destroyed or lopped by a public authority or municipal council to create an emergency access or to enable emergency works. The vegetation is to be removed, destroyed or lopped for the making of a fuelbreak by or on behalf of a public authority in accordance with a strategic fuelbreak plan approved by the Secretary of the Department of Sustainability and Environment. The maximum width of a fuelbreak must not exceed 40 metres. The vegetation is to be removed, destroyed or lopped for fire fighting measures, periodic fuel reduction burning, or the making of a fuel break up to 6 metres wide. The vegetation is ground fuel within 30 metres of a building.
Planted vegetation
Emergency works
Fire protection
The vegetation is to be removed, destroyed or lopped in
PAGE 2 OF 5
Surveying
Public roads
Railways
Extractive industry
Search for stone
PAGE 3 OF 5
42.02-4
15/09/2008 VC49
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The statement of the nature and significance of the vegetation to be protected and the vegetation protection objective contained in a schedule to this overlay. The effect of the proposed use, building, works or subdivision on the nature and type of vegetation to be protected. The role of native vegetation in conserving flora and fauna. The need to retain native or other vegetation if it is rare, supports rare species of flora or fauna or forms part of a wildlife corridor. The need to retain vegetation which prevents or limits adverse effects on ground water recharge. The need to retain vegetation:
Where ground slopes exceed 20 percent. Within 30 metres of a waterway or wetland. On land where the soil or subsoil may become unstable if cleared. On land subject to or which may contribute to soil erosion, slippage or salinisation. In areas where the removal, destruction or lopping of vegetation could adversely affect the integrity or long term preservation of an identified site of scientific, nature conservation or cultural significance. Which is of heritage or cultural significance.
PAGE 4 OF 5
Any relevant permit to remove, destroy or lop vegetation in accordance with a land management plan or works program. Whether the application includes a land management plan or works program. Whether provision is made or is to be made to establish and maintain vegetation elsewhere on the land. Any other matters specified in a schedule to this overlay.
Note:
Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of the land. Check the requirements of the zone which applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
PAGE 5 OF 5
19/01/2006 VC37
SCHEDULE 1 TO THE VEGETATION PROTECTION OVERLAY Shown on the planning scheme map as VPO1. REMNANT VEGETATION WITH A HIGH DEGREE OF NATURALNESS
1.0
19/01/2006 VC37
Statement of nature and significance of vegetation to be protected Much of the natural heritage of the City of Knox has been lost as the city has developed. The Vegetation Assessment and Protection Strategy for the City of Knox (Water Ecoscience, February 1998) has documented much of the vegetation which remains (remnant vegetation) and assessed its natural heritage values. This vegetation which is indigenous to the Knox area has at least two intact vegetation strata and therefore has a higher degree of naturalness than remnants which are less intact. This vegetation is important as it represents Knoxs most intact natural environment and is a source of genetic material for the rehabilitation of Knoxs natural heritage. Some of this remnant vegetation contains rare or threatened vegetation species or species documented as being of local, regional or State significance. Vegetation in the vicinity of the Dandenong Ranges National Park extends the biological values of the park. In the same way, the park acts as a reservoir of biological material which augments that remaining in the City of Knox. The result is a more stable reserve of plants and animals in both areas. This vegetation is also important for the habitat it provides for indigenous fauna and for the maintenance of natural processes. Retention of this vegetation adjacent to waterways and natural drainage lines protects water quality and riverine habitat. Retention of this vegetation where it forms part of a vegetation corridor is important in providing linked habitat for fauna. Remnant vegetation also beautifies and adds natural interest to the areas in which it is located. Ref: Vegetation Assessment and Protection Strategy for the City of Knox (Water Ecoscience, February 1998) Vegetation Survey of Linear Reserves A Management Strategy for Riparian and Flood Plain Vegetation (Reid, J. et. al. September 1997).
2.0
19/01/2006 VC37
Vegetation protection objective to be achieved To retain vegetation which is representative of the natural heritage of the City. To maintain a stock of indigenous vegetation to provide a source of genetic material for the re-establishment of the natural heritage of the City. To retain high quality habitats for native fauna. To retain vegetation which is rare, threatened or recognised as being of local, regional or State significance. To retain vegetation in the vicinity of the Dandenong Ranges National Park to extend the biological values of the park. To retain vegetation which provides a buffer to waterways. To retain vegetation which provides natural beauty and interest.
VEGETATION PROTECTION OVERLAY - SCHEDULE 1
PAGE 1 OF 2
3.0
19/01/2006 VC37
Permit requirement A permit is required to remove, destroy or lop native vegetation.
4.0
19/01/2006 VC37
Decision guidelines Before deciding on an application, the responsible authority must consider: The location of existing vegetation on the land and the areas of vegetation to be removed. The compatibility of any buildings and works with existing vegetation proposed to be retained.
PAGE 2 OF 2
19/01/2006 VC37
SCHEDULE 2 TO THE VEGETATION PROTECTION OVERLAY Shown on the planning scheme map as VPO2. SIGNIFICANT EXOTIC AND NON INDIGENOUS NATIVE TREES
1.0
19/01/2006 VC37
Statement of nature and significance of vegetation to be protected The Vegetation Assessment and Protection Strategy for the City of Knox (Water Ecoscience, February 1998) has identified exotic and non indigenous native trees in the municipality which are significant for their beauty and the interest they bring to the landscape. The trees identified as significant were either large individuals (over 10m high or with more than 10m spread or a trunk diameter of more than 30cm measured 1.2m above the base of the tree) or groups of trees. Ref: Vegetation Assessment and Protection Strategy for the City of Knox (Water Ecoscience, February 1998) Vegetation Survey of Linear Reserves A Management Strategy for Riparian and Flood Plain Vegetation (Reid, J. et. al. September 1997).
2.0
19/01/2006 VC37
Vegetation protection objective to be achieved To protect vegetation of special significance, natural beauty, interest and importance.
3.0
19/01/2006 VC37
Permit requirement A permit is required to remove, destroy or lop vegetation listed in this schedule.
4.0
19/01/2006 VC37
Location
Melways reference
Mel 82 A3 Mel 74 C5
Significant vegetation Common name

Blue Gum Sugar Gum
Number of trees Botantical name

Eucalyptus globulus Eucalyptus cladocalyx 1 1
9 Virgilia Crt, Rowville Cnr Sydney Rd & Phyllis St, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater Selman Ave, Ferntree Gully Rathgar Rd, Ferntree Gully Dorset Rd, Ferntree Gully
Mel 64 E4 Mel 64 E4 Mel 74 C4 Mel 73 K10 Mel 74 A1
Spotted Gum Ironbark Ironbark Sugar Gums Buxton Gums
Eucalyptus maculata Eucalyptus tricarpa Eucalyptus tricarpa Eucalyptus cladocalyx Eucaluptus crenulata
1+3 1 1 A number 1
PAGE 1 OF 7
Location
Melways reference
Mel 64 E4 Mel 73 H2 Mel 73 H2 Mel 73 H2 Mel 82 C4 Mel 73 J11 Mel 73 J11 Mel 64 K10 Mel 65 J7 Mel 74 B5 Mel 74 B5 Mel 74 B5 Mel 64 D8

Golden Elm Mature Oak Poplar Elm Elm Monterey Pines Cypress Pine Cypress Pine Chandlers Oak Elms Oaks Plane Trees Liquidambars

Ulmus procera Quercus robur Populus sp. Ulmus sp. Ulmus sp. Pinus radiata Cupressus Cupressus sp. Quercus robur Ulmus procera Quercus robur Platanus orientalis Liquidambar styraciflua 1 1 5 1 1 A number 1 1 1 A number A number A number A number
16 Elm St, Bayswater Burwood Hwy, Ferntree Gully Burwood Hwy, Ferntree Gully Burwood Hwy, Ferntree Gully Gearon Ave, Rowville Lakesfield Dve, Ferntree Gully Lakesfield Dve, Ferntree Gully Boronia Rd, Boronia Sheffield Rd, The Basin Lysterfield Rd, Ferntree Gully Lysterfield Rd, Ferntree Gully Lysterfield Rd, Ferntree Gully Cnr Sasses Ave & Boronia Rd, Bayswater Cnr Sasses Ave & Begonia Rd, Bayswater Willow Rd, Upper Ferntree Gully Willow Rd, Upper Ferntree Gully Napoleon Rd, Ferntree Gully Goodwin St, The Basin Woodvale Rd, Boronia Stonehaven Ave, Boronia Tulip Cres, Boronia Cypress Ave, Boronia Springfield Rd, Ferntree Gully Springfield Rd, Ferntree Gully Springfield Rd, Ferntree Gully Hazelwood Rd, Ferntree Gully Catherine St, Boronia Central Ave, Boronia
Mel 64 E6
Oak
Quercus robur
Mel 74 D6 Mel 74 D6 Mel 73 H10 Mel 65 F6 Mel 64 J9 Mel 64 J10 Mel 64 J9 Mel 64 K10 Mel 64 J10 Mel 64 J10 Mel 64 J10 Mel 64 K10 Mel 64 K7 Mel 64 K7
Elms Poplars Oaks Poplar Monterey Pines Cypress Pines Ash Silky Oak Liquidambar Monterey Pines Ash Oak Monterey Pine Monterey Pine
Ulmus procera Populus sp. Quercus sp. Populus sp. Pinus radiata Cupressus sp. Fraxinus sp. Grevillea robusta Liquidambar styraciflua Pinus radiata Fraxinus sp. Quercus sp. Pinus radiata Pinus radiata (remnants) Pinus radiata Pinus radiata Pinus radiata
A number A number 2 1 2 2 1 1 1 14 1 1 1 hedge
Next to Boronia Railway Station Sinclair Rd, Bayswater Farnham Rd, Bayswater
Mel 64 K7 Mel 64 H6 Mel 64 H6
Monterey Pine Monterey Pine Monterey Pine
30 (hedge) 1 5
PAGE 2 OF 7
Location
Melways reference
Mel 64 G5 Mel 64 G5 Mel 64 G5 Mel 64 G4

Oak Elm Monterey Pine Monterey Pine

Quercus sp. Ulmus sp. Pinus radiata Pinus radiata 1 1 5 1
Farnham Rd, Bayswater Farnham Rd, Bayswater Farnham Rd, Bayswater Cnr Scoresby & Power Rds, Bayswater Pine Rd, Bayswater Orange Gve, Bayswater Orange Gve & Imperial Rd, Bayswater Elm St, Bayswater Myrtle St, Bayswater Devenish Rd, Bayswater Devenish Rd, Bayswater Orchard Rd, Bayswater Orchard Rd, Bayswater Orchard Rd, Bayswater Armstrong Rd, Bayswater Victoria Rd, Bayswater Albert Ave, Boronia Edward St, Upper Ferntree Gully Edward St, Upper Ferntree Gully Edward St, Upper Ferntree Gully Edward St, Upper Ferntree Gully Edward St, Upper Ferntree Gully Cnr Townley & Ferndale Rds, Upper Ferntree Gully Grandview Cres, Upper Ferntree Gully Fern Rd, Upper Ferntree Gully Fern Rd, Upper Ferntree Gully William St, Upper Ferntree Gully Mount View Rd, Upper Ferntree Gully Station St, Ferntree Gully
Mel 64 F5 Mel 64 F5 Mel 64 D5
Oak Mock Thuja Cypress Pines
Quercus sp. Thujopsis dolabrata Cupressus sp.
1 1 2
Mel 64 E5 Mel 64 E4 Mel 64 G7 Mel 64 G7 Mel 64 E3 Mel 64 E3 Mel 64 E3 Mel 64 D3 Mel 64 D3 Mel 65 D6 Mel 74 H7 Mel 74 H7 Mel 74 H7 Mel 74 H7 Mel 74 H7 Mel 74 G6
Monterey Pine Monterey Pine Oak Cypress Pine Cypress Pine Monterey Pine Oak Cypress Pine Poplars Oak Oaks Poplars Willows Hawthorn Cypress Pines Willow
Pinus radiata Pinus radiata Quercus sp. Cupressus sp. Cupressus sp. Pinus radiata Quercus sp. Cupressus sp. Populus sp. Quercus sp. Quercus sp. Populus sp. Salix sp. Crataegus Cupressus sp. Salix sp.
1 2 1 hedge 1 1 1 2 2 1 A number A number A number A number A number 1
Mel 74 F7
Monterey Pine
Pinus radiata
Mel 74 E7 Mel 74 E7 Mel 74 G6 Mel 74 F6
Cypress Pines Canary Island Palm Cypress Pines Canary Island Palms
Cupressus sp. Phoenix canariensis Cupressus sp. Phoenix canariensis
10 (hedge) 1 group 2
Mel 74 C3
Cypress Pine
Cupressus sp.
PAGE 3 OF 7
Location
Melways reference
Mel 74 C3 Mel 74 C1 Mel 74 C1

Monterey Pine Ash Monterey Pines

Pinus radiata Fraxinus sp. Pinus radiata 1 1 group
Station St, Ferntree Gully Chatham Ave, Ferntree Gully Blind Creek opposite Chatham Ave Bennet St, Boronia Albert Ave, Boronia Elsie St, Boronia Albert Ave, Boronia Clover Crt, Boronia Mountain Hwy, Broronia Mountain Hwy, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater Mountain Hwy, Bayswater
Mel 65 C8 Mel 65 C8 Mel 65 B7 Mel 65 C6 Mel 65 D5 Mel 65 D4 Mel 64 B4 Mel 64 C4 Mel 64 C4 Mel 64 D4 Mel 64 D4 Mel 64 D4 Mel 64 D4 Mel 64 F3 Mel 64 E5 Mel 64 E5
Elm Liquidambar Monterey Pines Oak Monterey Pines Silky Oak Monterey Pine Elm Elm Oak Silky Oak Canary Island Palm Cypress Pines Oak Monterey Pines Cypress Pines
Ulmus sp. Liquidambar styraciflua Pinus radiata Quercus sp. Pinus radiata Grevillea robusta Pinus radiata Ulmus sp. Ulmus sp. Quercus sp. Grevillea robusta Phoenix canariensis Cupressus sp. Quercus sp. Pinus radiata Cupressus sp.
1 1 20 (hedge) 1 8 (hedge) 1 1 1 1 3 1 1 2 1 5 (hedge) 2 hedges each with 9 trees 1 3 1 1 1
Cnr Ash & Elm Rds, Bayswater Grandview Rd, Bayswater Coolabah St, Bayswater Alwyn St, Bayswater Cnr Alwyn & Highmoor Rds, Boronia Cnr Alwyn & Highmoor Rds, Boronia Cnr Alwyn & Highmoor Rds, Boronia Boronia Rd, Boronia Boronia Rd, Boronia Boronia Rd, Boronia
Mel 64 E5 Mel 64 E5 Mel 64 F5 Mel 64 E4 Mel 64 F4
Oak Cypress Pines Silky Oak Ash Monterey Pine
Quercus sp. Cupressus sp. Grevillea robusta Fraxinus sp. Pinus radiata
Mel 64 F4
Oak
Quercus sp.
Mel 64 F4
Ash
Fraxinus sp.
Mel 65 B6 Mel 65 B9 Mel 65 B9
Monterey Pines Oak Silky Oak
Pinus radiata Quercus sp. Grevillea robusta
1 1 1
PAGE 4 OF 7
Location
Melways reference
Mel 65 B9 Mel 65 B9 Mel 65 C9 Mel 65 C9 Mel 65 C9 Mel 65 G7 Mel 65 G7 Mel 65 G7 Mel 65 G7 Mel 65 G7 Mel 65 F8 Mel 65 F8 Mel 65 E8 Mel 65 E8 Mel 65 E9 Mel 65 E8 Mel 65 E8 Mel 65 E8 Mel 65 E8 Mel 65 E8 Mel 65 E7 Mel 65 E7 Mel 65 D7 Mel 65 D7 Mel 65 D7 Mel 65 D8 Mel 65 E9 Mel 65 D9 Mel 65 C9 Mel 65 C9 Mel 65 C9 Mel 65 C9

Oak Cypress Pine Oak Cypress Pine Cypress Pines Oaks Canary Island Palm Monterey Pines Monterey Pines Elm Cypress Pines Oaks Monterey Pines Oak Monterey Pines Monterey Pines Monterey Pine Oak Monterey Pines Oak Monterey Pine Monterey Pines Monterey Pine Oak Monterey Pines Oak Canary Island Palm Oaks Monterey Pine Cypress Pines Oaks Liquidambar

Quercus sp. Cupressus sp. Quercus sp. Cupressus sp. Cupressus sp. Quercus sp. Phoenix canariensis Pinus radiata Pinus radiata Ulmus sp. Cupressus sp. Quercus sp. Pinus radiata Quercus sp. Pinus radiata Pinus radiata Pinus radiata Quercus sp. Pinus radiata Quercus sp. Pinus radiata Pinus radiata Pinus radiata Quercus sp. Pinus radiata Quercus sp. Phoenix canariensis Quercus sp. Pinus radiata Cupressus sp. Quercus sp. Liquidambar styraciflua 1 1 1 1 hedge 2 1 3 16 1 3 2 2 1 16 4 1 1 2 1 1 6 1 1 3 1 1 2 1 4 5 1
Boronia Rd, Boronia Boronia Rd, Boronia Boronia Rd, Boronia Boronia Rd, Boronia Boronia Rd, Boronia Augusta Rd, The Basin Augusta Rd, The Basin Augusta Rd, The Basin Augusta Rd, The Basin Augusta Rd, The Basin Augusta Rd, The Basin Stuart St, The Basin Verbena Ave, The Basin Verbena Ave, The Basin Waratah Ave, The Basin Arcadia Ave, The Basin Arcadia Ave, The Basin Arcadia Ave, The Basin Rowan Ave, The Basin Arcadia Ave, The Basin Arcadia Ave, The Basin Arcadia Ave, The Basin Cnr Mount View Rd, The Basin Cnr Mount View Rd, The Basin Cnr Mount View Rd, The Basin Timewell Cres, The Basin Mount View Rd, The Basin Harcourt Rd, Boronia Moncoe St, Boronia Moncoe St, Boronia Owen St, Boronia Owen St, Boronia
PAGE 5 OF 7
Location
Melways reference
Mel 65 C8 Mel 65 C8 Mel 65 C8 Mel 65 C8 Mel 65 C8

Oak Monterey Pines Oak Elm Elm

Quercus sp. Pinus radiata Quercus sp. Ulmus sp. Ulmus sp. 1 10 1 1 1
Owen St, Boronia Harcourt Rd, Boronia Moroney St, Boronia Moroney St, Boronia Cnr Bennet St & Moroney Rd, The Basin Miller Rd, The Basin The Basin Primary School, The Basin The Basin Primary School, The Basin Mountain Hwy, The Basin Mountain Hwy, The Basin Mountain Hwy, The Basin Mountain Hwy, The Basin Mountain Hwy, The Basin Miller Rd, The Basin Miller Rd, The Basin Shalimar Cres, The Basin Shalimar Cres, The Basin Dorset Rd, Boronia Dorset Rd, Boronia Leitch St, Ferntree Gully Craig Ave, Ferntree Gully Victoria St, Ferntree Gully Austin St, Ferntree Gully Cnr Austin St & George St, Ferntree Gully George St, Ferntree Gully Cnr George St & Warrabel Rd, Ferntree Gully Cnr George St & Warrabel Rd, Ferntree Gully Warrabel Rd, Ferntree Gully Alma Ave, Ferntree Gully
Mel 65 D6 Mel 65 F6
Elms Monterey Pines
Ulmus sp. Pinus radiata
4 20
Mel 65 F6
Oaks
Quercus sp.
Mel 65 E6 Mel 65 E6 Mel 65 E6 Mel 65 E6 Mel 65 D5 Mel 65 E6 Mel 65 D6 Mel 65 D6 Mel 65 D6 Mel 64 K12 Mel 65 A11 Mel 74 B4 Mel 74 B4 Mel 74 C3 Mel 74 A3 Mel 74 A3
Oaks Elms Poplars Monterey Pines Canary Island Palm Monterey Pines Monterey Pines Monterey Pines Canary Island Palms Oaks Monterey Pine Oak Monterey Pines Liquidambar Monterey Pines Norfolk Island Pine
Quercus sp. Ulmus sp. Populus sp. Pinus radiata Phoenix canariensis Pinus radiata Pinus radiata Pinus radiata Phoenix canariensis Quercus sp. Pinus radiata Quercus sp. Pinus radiata Liquidambar styraciflua Pinus radiata Araucaruia heterophylla
16 A number A number 2 1 4 2 4 2 2 1 1 2 1 5 1
Mel 74 A3 Mel 74 A3
Pines Oak
Pinus sp. Quercus sp.
3 1
Mel 74 A3
Monterey Pines
Pinus radiata
Mel 74 A3 Mel 74 A2
Liquidambars Monterey Pine
Liquidambar styraciflua Pinus radiata
2 1
PAGE 6 OF 7
Location
Melways reference
Mel 74 B2 Mel 74 B2 Mel 74 B2 Mel 74 B2 Mel 74 B2 Mel 74 B2 Mel 74 B3 Mel 74 B2 Mel 74 B2 Mel 74 A1 Mel 74 A1 Mel 73 H4 Mel 65 G7 Mel 74 D11 Mel 74 D11

Monterey Pine Monterey Pines Liquidambar Oak Oak Monterey Pine Oak Oaks Cypress Pines Oaks Monterey Pine Oak Oak Monterey Pine Mealy Stringybark

Pinus radiata Pinus radiata Liquidambar styraciflua Quercus sp. Quercus sp. Pinus radiata Quercus sp. Quercus sp. Cupressus Quercus sp. Pinus radiata Quercus sp. Quercus sp. Pinus radiata Eucalyptus cephalocarpa 1 3 1 1 1 1 1 2 hedge 2 1 1 1 1 1
Alma Ave, Ferntree Gully Alma Ave, Ferntree Gully Alma Ave, Ferntree Gully Alma Ave, Ferntree Gully Yandra Crt, Ferntree Gully Yandra Crt, Ferntree Gully The Avenue, Ferntree Gully Francis Cres, Ferntree Gully Francis Cres, Ferntree Gully Francis Cres, Ferntree Gully Francis Cres, Ferntree Gully Conn St, Ferntree Gully Basin-Olinda Rd, The Basin Lysterfield Rd, Lysterfield Lysterfield Rd, Lysterfield
PAGE 7 OF 7
19/01/2006 VC37
SCHEDULE 3 TO THE VEGETATION PROTECTION OVERLAY Shown on the planning scheme map as VPO3. REMNANT OVERSTOREY VEGETATION
1.0
19/01/2006 VC37
Statement of nature and significance of vegetation to be protected In some areas of Knox the only vegetation representing Knoxs natural environment are trees. These trees would have originally formed the overstorey vegetation to mid storey and lower storey indigenous vegetation, however with development, these natural lower storeys have been removed. The Vegetation Assessment and Protection Strategy for the City of Knox (Water Ecoscience, February 1998) has identified areas within the municipality as having an overstorey of remnant vegetation which provides the local vegetation characteristic to the area. This includes overstorey containing one or a number of indigenous species or remnant trees and areas of dense remnant overstorey with a high degree of naturalness. Remnant overstorey vegetation represents part of the areas natural heritage for educational and scientific purposes. It contributes to Knoxs biodiversity through the trees themselves and the fauna habitat and is also a source of genetic material for the re-establishment of Knoxs natural heritage. Some remnants contain rare or threatened plant species or species of local, regional or State significance. The remnant overstorey vegetation is important for its contribution to habitat and environmental processes. In some cases it provides protection to waterways and contributes to habitat corridors. Remnant overstorey vegetation also beautifies and adds natural interest to the areas in which it is located. Note: Further refinement of the boundaries of the areas of remnant overstorey trees in this overlay is required. The purpose of this control is to ensure that, in the meantime, the value of trees proposed to be removed, destroyed or lopped in this area is assessed in terms of their contribution to the vegetation protection objectives of this schedule and that this influences the consideration of whether the vegetation should be removed or modified. Ref:Vegetation Assessment and Protection Strategy for the City of Knox (Water Ecoscience, February 1998) Vegetation Survey of Linear Reserves A Management Strategy for Riparian and Flood Plain Vegetation (Reid, J. et. al. September 1997).
2.0
19/01/2006 VC37
Vegetation protection objective to be achieved To retain overstorey native vegetation which is representative of the natural heritage of the City. To maintain overstorey remnant native vegetation to provide biodiversity and a source of genetic material for the re-establishment of the natural heritage of the City. To retain overstorey habitat for native fauna. To retain native vegetation which provides a buffer to waterways. To retain native vegetation which is rare, threatened or of local, regional or State significance. To retain native vegetation which provides natural beauty and interest.
PAGE 1 OF 2
3.0
19/01/2006 VC37
Permit requirement A permit is required to remove, destroy or lop native vegetation which complies with both of the following: Has a height of 8 metres or more. Has a trunk more than 300mm in diameter (measured at 1200mm above the base of the tree). A permit is not required: To remove, destroy or lop the minimum extent of native vegetation necessary to continue the activity on land which has previously been cleared where seedlings or regrowth are less than 10 years old and the land is within the formation of a road or railway line. To remove, destroy or lop the minimum extent of native vegetation necessary to maintain public utility services for the transmission of water, sewage, gas, electricity, electronic communications or the like.
4.0
19/01/2006 VC37
PAGE 2 OF 2
42.03
15/12/2008 VC50
SIGNIFICANT LANDSCAPE OVERLAY Shown on the planning scheme map as SLO with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify significant landscapes. To conserve and enhance the character of significant landscapes.
42.03-1
19/01/2006 VC37
Landscape character and objectives A schedule to this overlay must contain:

A statement of the nature and key elements of the landscape. The landscape character objective to be achieved.
42.03-2
15/09/2008 VC49
Construct a building or construct or carry out works. This does not apply:
If a schedule to this overlay specifically states that a permit is not required. To the conduct of agricultural activities including ploughing and fencing (but not the construction of dams) unless a specific requirement for that activity is specified in a schedule to this overlay.
Construct a fence if specified in the schedule to this overlay. Remove, destroy or lop any vegetation specified in a schedule to this overlay. This does not apply:
If the table to Clause 42.03-3 specifically states that a permit is not required. To the removal, destruction or lopping of native vegetation in accordance with a native vegetation precinct plan specified in the schedule to Clause 52.16.
42.03-3
15/12/2008 VC50
Table of exemptions
SIGNIFICANT LANDSCAPE OVERLAY
PAGE 1 OF 4
Noxious weeds
Pest animal burrows
Land use conditions
The vegetation is to be removed, destroyed or lopped to comply with a land use condition served under the Catchment and Land Protection Act 1994. The vegetation is to be removed, destroyed or lopped to comply with land management notice issued under the Catchment and Land Protection Act 1994. The vegetation has been planted or grown as a result of direct seeding for Crop raising or Extensive animal husbandry. The vegetation presents an immediate risk of personal injury or damage to property and only that part of vegetation which presents the immediate risk is removed, destroyed or lopped. The vegetation is to be removed, destroyed or lopped by a public authority or municipal council to create an emergency access or to enable emergency works. The vegetation is to be removed, destroyed or lopped for the making of a fuelbreak by or on behalf of a public authority in accordance with a strategic fuelbreak plan approved by the Secretary of the Department of Sustainability and Environment. The maximum width of a fuelbreak must not exceed 40 metres. The vegetation is to be removed, destroyed or lopped for fire fighting measures, periodic fuel reduction burning, or the making of a fuel break up to 6 metres wide. The vegetation is ground fuel within 30 metres of a building.
Planted vegetation
Emergency works
Fire protection
The vegetation is to be removed, destroyed or lopped in
PAGE 2 OF 4
Surveying
Public roads
Railways
Extractive industry
Search for stone
PAGE 3 OF 4
42.03-4
15/09/2008 VC49
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider , as appropriate:
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The statement of the nature and key elements of the landscape and the landscape character objective contained in a schedule to this overlay. The conservation and enhancement of the landscape values of the area. The impact of the proposed buildings and works on the landscape due to height, bulk, colour, general appearance or the need to remove vegetation. The extent to which the buildings and works are designed to enhance or promote the landscape character objectives of the area. The impact of buildings and works on significant views. Any other matters specified in a schedule to this overlay.
Note:
Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of the land. Check the requirements of the zone which applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
PAGE 4 OF 4
06/12/2007 C65
SCHEDULE 1 TO THE SIGNIFICANT LANDSCAPE OVERLAY Shown on the planning scheme map as SLO1. LYSTERFIELD VALLEY AND LYSTERFIELD HILLS RURAL LANDSCAPE
1.0
09/11/2006 C40
Statement of nature and key elements of landscape The National Trust Classification Report (L355 2/3/1981) describes the character of the Lysterfield Valley as follows: Lysterfield Valley is an attractive pastoral landscape which forms part of a green wedge between the suburban areas of Rowville and Dandenong North and the urbanised Ferntree Gully-Belgrave ridge of the Dandenongs. For many visitors the Lysterfield Valley forms the major gateway to the Dandenongs from the metropolitan area. The excellent views of this landscape from Glenfern Road and Mount Morton highlight its importance as a buffer between urban and rural areas and as a visual transition between the metropolitan suburbia and the elevated and forested slopes of the Dandenongs. Extensive clearing of native vegetation in the past has exposed the bold hills and steep slopes of the Valley landform particularly in the east. The major attraction of this landscape is its simplicity of colour, shape and texture in contrast to the forested areas to the south and south-east, the suburban development to the west and the forest residential character of Belgrave. The area is of significance according to this report due to its attractive landscape character and its importance as a buffer between Metropolitan Melbourne and the Dandenong Ranges. The landscape is centred on the enclosed Monbulk Creek Valley. Monbulk Creek Valley is where the urban area has given way to rural, and no indication exists of the proximity of the suburbs. Views within the valley are of rolling rural landscapes that are mainly pastoral. Hills on either side of the valley are bare or very lightly treed, with this openness contrasting with the treed slopes of the Dandenong Ranges. The character of this landscape is unique and is particularly sensitive to further subdivision and development.
2.0
09/11/2006 C40
Landscape character objectives to be achieved To protect the broad scale pastoral landscape character and the open, bold hillsides of the Lysterfield Valley. To retain vegetation that contributes to the landscape qualities of the area. To protect and enhance the scenic, visual, cultural and environmental values of the Lysterfield Valley, including the contrast between this area and the forested slopes of the Dandenong Ranges. To conserve the flora and fauna and associated ecological processes that contribute to the landscape significance of the Lysterfield Valley. To ensure that development is located and designed to avoid inappropriate visual intrusion or other detrimental effects on the Lysterfield Valley and the key characteristics of the Valleys landscape.
SIGNIFICANT LANDSCAPE OVERLAY - SCHEDULE 1
PAGE 1 OF 4
3.0
06/12/2007 C65
Permit requirement Fences A permit is required to construct a fence unless the fence is of post and wire construction, is 1.2 metres in height or less and is more than 75% open construction. Vegetation A permit is required to remove, destroy or lop a tree if the circumference of the trunk is more than 05 metre or the height of the tree is 5 metres or more. This does not apply to species listed in Table 1 of this schedule or to pruning or lopping according to normal horticultural practice for improving a trees health or structural stability. Trunk circumference is measured at a height of 05 metre above adjacent ground level (on sloping ground to be taken on the uphill side of the tree base), or immediately above the ground for multi-stemmed trees. Extraction of stone A permit is not required to construct or carry out works associated with extraction of stone in accordance with a Licence issued under the Extractive Industries Development Act 1995 and/or the Extractive Industries (Lysterfield) Act 1986.
4.0
09/11/2006 C40
Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: Landscape character Whether the proposed development will impact upon the views of the valley from the surrounding area, particularly the Dandenong Ranges and significant ridgelines. Whether the proposal promotes low intensity development which is sympathetic to the landscape qualities of the area. Whether development is appropriate above the 115 metre AHD contour. Whether the proposed development and proposed landscaping are compatible with a rural area. Whether the proposed development and proposed landscaping will ensure that identified landscape qualities are preserved. Whether all power and communications cables will be placed underground. Land management Whether the proposed development will contribute to and support appropriate land management. Finishes Whether the proposed development will utilise non-reflective materials coloured and maintained in muted tones of green or brown on external surfaces, including roofs of all buildings but excluding solar panels, to reduce its visual impact.
Vegetation Whether vegetation will be retained and planting used to screen buildings. Whether habitats for native fauna, including wildlife corridors, will be identified and protected, and strengthened or created.
PAGE 2 OF 4
Whether creek corridors will be revegetated using indigenous plants. Whether noxious and environmental weeds will be removed. Whether invasive exotics will be avoided. Whether adequate tree protection areas have been provided to protect retained vegetation from buildings or works (including paving), services and other infrastructure, unless demonstrated that there is no adverse effect to the trees contribution to landscape character. Building on slopes Whether the siting and design of development will follow the topography, avoid the need for earthworks and integrate with the landscape features of the area. Whether buildings will be sited on relatively low-lying positions. Whether buildings will be dispersed to allow trees to be planted among them. Fences Whether the height, materials, construction and colour of fences respond to and maintain the landscape character of the area. Table 1 Environmental weeds Common name Quaking (or American) Aspen Apple Apricot Box Elder Bracelet (or Giant) Honeymyrtle Cape Wattle Caucasian Ash Cedar Wattle Cherry Laurel Cherry Plum Cootamundra Wattle Cotoneaster Darwins Barberry Desert Ash Early Black Wattle Firethorns Holly Karamu Loquat Laurustinus Maritime Pine Mirror Bush Nectarine Peach Plum Portugal Laurel Privets Sallow Wattle Strawberry Tree Sweet Pittosporum Sycamore Maple Scientific name Populus tremuloides Malus species Prunus species Acer negundo Melaleuca armillaris Paraserianthes lophantha (=Albizia lophantha) Fraxinus oxycarpa Acacia elata Prunus laurocerasus Prunus cerasifera Acacia baileyana Cotoneaster species Berberis darwinii Fraxinus angustifolia subsp. angustifolia Acacia decurrens Pyracantha species Ilex aquifolium Coprosma repens Eriobotrya japonica Viburnum tinus Pinus pinaster Coprosma repens Prunus species Prunus species Prunus species Prunus lusitanica Ligustrum species Acacia longifolia subsp. longifolia Arbutus unedo Pittosporum undulatum Acer pseudoplatanus
PAGE 3 OF 4
Common name Scientific name Tagasaste, Tree Lucerne Chamaecytisus palmensis Willows Salix species Willow-leaf Hakea Hakea salicifolia Source: Lorimer, G. (2006), Witness Statement: Knox Amendment C40 - Ecological Implications. Biosphere Pty Ltd
PAGE 4 OF 4
06/12/2007 C65
SCHEDULE 2 TO THE SIGNIFICANT LANDSCAPE OVERLAY Shown on the planning scheme map as SLO2. DANDENONG FOOTHILLS: FOOTHILLS BACKDROP AND RIDGELINE AREA
1.0
09/11/2006 C40
Statement of nature and key elements of landscape The Dandenong Foothills appear as treed slopes rising above the suburbs. The Dandenong Foothills are recognised as a scenic backdrop of metropolitan significance, forming part of the slopes of the Dandenong Ranges. The western face of the Dandenong Ranges is recognised by the National Trust as a significant landscape. As a green edge containing the growth of the suburbs, the Dandenongs and their foothills have an iconic significance for Melbourne, and are essential to the image of the City of Knox as a city in a unique landscape setting. The key elements of this landscape are: The visual dominance of vegetation including large native trees and understorey plants and the often continuous flow of vegetation across residential blocks and roadways. The way in which the majority of development blends in with the vegetation and the hillsides appear to be tree covered even when developed with houses. Houses tucked into the hilly landscape with colours that blend with the landscape. The gently sloping and hilly terrain. Visual intrusion on views of the Dandenongs and their foothills from inappropriate development. Special care needs to be taken to ensure that development is sited and designed to maintain the landscape character of the area and near and distant view lines. The landscape character of this area depends on protection and rejuvenation of indigenous vegetation (both canopy and understorey), and limiting the visibility of buildings, roads, signs and lighting.
2.0
09/11/2006 C40
Landscape character objectives to be achieved To protect and enhance the visual, natural and cultural heritage values of the foothills landscape. To protect landscapes from visual intrusion due to the inappropriate siting, design or materials of buildings and works and advertising signs. To encourage siting, design and landscaping of buildings and works that responds to the landscape significance and character of the area. To protect the appearance of the foothills of the Dandenong Ranges, particularly when viewed from the west, as treed slopes rising above the suburbs. To maintain vegetation as a key element of the foothills landscape and encourage retention and regeneration of native vegetation to protect wildlife habitats.
3.0
06/12/2007 C65
Permit requirement Buildings and works A permit is not required to construct a building or construct or carry out works at 2 Clematis Avenue and 8 The Glade, Ferntree Gully, that are generally in accordance with the Ferntree Gully Cemetery Extension Design Development Plan, November 1999.
PAGE 1 OF 4
Fences A permit is required to construct a fence unless the fence is a side or rear fence of post and wire construction that is 1.2 metres high or less and is more than 75% open construction. Vegetation A permit is required to remove, destroy or lop a tree if the circumference of the trunk is more than 05 metre or the height of the tree is 5 metres or more. This does not apply to species listed in Table 1 of this schedule or to pruning or lopping according to normal horticultural practice for improving a trees health or structural stability. Trunk circumference is measured at a height of 05 metre above adjacent ground level (on sloping ground to be taken on the uphill side of the tree base), or immediately above the ground for multi-stemmed trees. 4.0
09/11/2006 C40
Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: Landscape character Whether the proposed development will impact upon views within the foothills area and on more distant views across the city and suburbs to the foothills of the Dandenongs. Whether the proposed development penetrates the tree canopy and ridgelines. Whether the proposed development is of a high standard of architectural and landscape design that is sympathetic to nearby rural and natural landscapes. Finishes Whether the proposed development will utilise non-reflective materials coloured and maintained in muted tones of green or brown on external surfaces, including roofs of all buildings but excluding solar panels, to reduce its visual impact. Height Whether buildings exceeding a height of 7.5 metres will have a detrimental impact on key elements of the landscape and the landscape character objectives. Site coverage Whether sufficient provision has been made for the planting of canopy trees and other vegetation to meet the landscape character objectives. Vegetation Whether vegetation will be retained and planting used to screen buildings. Whether fragmentation of the tree canopy will be minimised. Whether creek corridors will be revegetated using indigenous plants. Whether habitats for native fauna, including wildlife corridors, will be identified and protected, and strengthened or created. Whether noxious and environmental weeds will be removed. Whether invasive exotics will be avoided. Whether adequate tree protection areas have been provided to protect retained vegetation from buildings or works (including paving), services and other infrastructure, unless demonstrated that there is no adverse effect to the trees contribution to landscape character.
Building on slopes
PAGE 2 OF 4
Whether building on slopes greater than 20% is appropriate. Whether the siting and design of development will follow the topography, avoid the need for earthworks and integrate with the landscape features of the area. Whether buildings will be sited on relatively low-lying positions. Whether buildings will be dispersed to allow trees to be planted among them. Fences Whether the height, materials, construction and colour of fences respond to and maintain the landscape character of the area. 5.0
09/11/2006 C40
Reference document Ferntree Gully Cemetery Extension Design Development Plan, Knox Landscape Services, November 1999 Table 1 Environmental weeds Common name Quaking (or American) Aspen Apple Apricot Box Elder Bracelet (or Giant) Honeymyrtle Cape Wattle Caucasian Ash Cedar Wattle Cherry Laurel Cherry Plum Cootamundra Wattle Cotoneaster Darwins Barberry Desert Ash Early Black Wattle Firethorns Holly Karamu Loquat Laurustinus Maritime Pine Mirror Bush Monterey (or Radiata) Pine Nectarine Peach Plum Portugal Laurel Privets Sallow Wattle Strawberry Tree Sweet Pittosporum Sycamore Maple Tagasaste, Tree Lucerne Willows Willow-leaf Hakea Scientific name Populus tremuloides Malus species Prunus species Acer negundo Melaleuca armillaris Paraserianthes lophantha (=Albizia lophantha) Fraxinus oxycarpa Acacia elata Prunus laurocerasus Prunus cerasifera Acacia baileyana Cotoneaster species Berberis darwinii Fraxinus angustifolia subsp. angustifolia Acacia decurrens Pyracantha species Ilex aquifolium Coprosma repens Eriobotrya japonica Viburnum tinus Pinus pinaster Coprosma repens Pinus radiata Prunus species Prunus species Prunus species Prunus lusitanica Ligustrum species Acacia longifolia subsp. longifolia Arbutus unedo Pittosporum undulatum Acer pseudoplatanus Chamaecytisus palmensis Salix species Hakea salicifolia
PAGE 3 OF 4
Source: Lorimer, G. (2006) Witness Statement: Knox Amendment C40 - Ecological Implications. Biosphere Pty Ltd
PAGE 4 OF 4
06/12/2007 C65
SCHEDULE 3 TO THE SIGNIFICANT LANDSCAPE OVERLAY Shown on the planning scheme map as SLO3. DANDENONG FOOTHILLS: LOWER SLOPE AND VALLEY AREA
1.0
09/11/2006 C40
Statement of nature and key elements of landscape The Dandenong Foothills area is a visually sensitive area due to its proximity to slopes of the Dandenong Ranges which are recognised by the National Trust as a significant landscape. The key elements of this landscape are: Areas of mature street trees and contributory gardens. Significant views to the Dandenong Ranges and important local views. The visual dominance of vegetation in many areas. The gently sloping terrain. The areas role as an extension of the Dandenong Ranges. The sparse nature of development in some parts of this area at the threshold with the Foothills backdrop, ridgeline and rural areas. Special care needs to be taken to ensure that development is sited and designed to maintain the landscape character of the area, protecting view lines and retaining and planting vegetation to ensure a vegetated character is maintained and enhanced.
2.0
09/11/2006 C40
Landscape character objectives to be achieved To recognise the environmental and visual sensitivity of residential areas at the foothills of the Dandenong Ranges. To ensure that development is compatible with the scale and character of existing development. To ensure that development is sensitive to the natural characteristics of the land including slope, terrain and any remnant vegetation. To maintain vegetation as a key element of the foothills landscape.
3.0
06/12/2007 C65
Permit requirement
Buildings and works A permit is not required to extend an existing dwelling or construct buildings and works ancillary to a dwelling (including a water tank of 4500 litres capacity or less) if: There is only one dwelling on the lot and the area of the lot is greater than 500 square metres. The height of the building or works is less than 7.5 metres. A proposed outbuilding has a floor area less than 50 square metres, wall height less than 3.6 metres and overall height less than 5 metres.
PAGE 1 OF 4
Proposed excavation or filling is less than one metre in depth. Excavation or filling is not occurring within the root zone of vegetation that would require a permit for its removal, destruction or lopping under this clause. The slope of the land is less than 10%. External surfaces, including roofs or all buildings but excluding solar panels, utilise to the satisfaction of the responsible authority non-reflective materials coloured and maintained in muted tones of green or brown. Fences A permit is required to construct: A front fence, unless the fence is 1.2 metres in height or less and is more than 50% transparent. A side fence between a building and the street, unless the fence is 1.2 metres in height or less. A rear fence or a side fence that is not between a building and the street, unless the fence is 1.8 metres in height or less. Vegetation A permit is required to remove, destroy or lop a tree if the circumference of the trunk is more than 05 metre or the height of the tree is 5 metres or more. This does not apply to species listed in Table 1 of this schedule or to pruning or lopping according to normal horticultural practice for improving a trees health or structural stability. Trunk circumference is measured at a height of 05 metres above adjacent ground level (on sloping ground to be taken on the uphill side of the tree base), or immediately above the ground for multi-stemmed trees. 4.0
09/11/2006 C40
Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: Landscape character Whether the proposed development will impact upon local views within the foothills and upon more distant views across the city and suburbs to the foothills of the Dandenongs. Whether the proposed development penetrates the tree canopy and protrudes above ridgelines. Whether the proposed development is of a high standard of architectural and landscape design that is sympathetic to nearby rural and natural landscapes. Finishes Whether the proposed development will utilise non-reflective materials coloured and maintained in muted tones of green or brown on external surfaces, including roofs of all buildings but excluding solar panels, to reduce its visual impact. Height Whether buildings exceeding a height of 7.5 metres will have a detrimental impact on the key elements of the landscape and the landscape character objectives.
PAGE 2 OF 4
Site coverage Whether sufficient provision has been made for the planting of canopy trees and other vegetation to meet the landscape character objectives. Vegetation Whether the existing high canopy trees will be retained. Whether buildings will be below the predominant tree canopy height. Whether vegetation will be retained and planting used to screen buildings. Whether creek corridors will be revegetated using indigenous plants. Whether habitats for native fauna, including wildlife corridors, will be identified and protected, and strengthened or created. Whether noxious and environmental weeds will be removed. Whether invasive exotics will be avoided. Whether adequate tree protection areas have been provided to protect retained vegetation from buildings or works (including paving), services and other infrastructure, unless demonstrated that there is no adverse effect to the trees contribution to landscape character. Building on slopes Whether building on slopes greater than 20% is appropriate. Whether the siting and design of development will follow the topography, avoid the need for earthworks and integrate with the landscape features of the area. Whether buildings will be sited on relatively low-lying positions. Whether buildings will be dispersed to allow trees to be planted among them. Fences Whether the height, materials, construction and colour of fences respond to and maintain the landscape character of the area. Table 1 Environmental weeds Common name Quaking (or American) Aspen Apple Apricot Box Elder Bracelet (or Giant) Honeymyrtle Cape Wattle Caucasian Ash Cedar Wattle Cherry Laurel Cherry Plum Cootamundra Wattle Cotoneaster Darwins Barberry Desert Ash Early Black Wattle Firethorns Holly Scientific name Populus tremuloides Malus species Prunus species Acer negundo Melaleuca armillaris Paraserianthes lophantha (=Albizia lophantha) Fraxinus oxycarpa Acacia elata Prunus laurocerasus Prunus cerasifera Acacia baileyana Cotoneaster species Berberis darwinii Fraxinus angustifolia subsp. angustifolia Acacia decurrens Pyracantha species Ilex aquifolium
PAGE 3 OF 4
Common name Scientific name Karamu Coprosma repens Loquat Eriobotrya japonica Laurustinus Viburnum tinus Maritime Pine Pinus pinaster Mirror Bush Coprosma repens Monterey (or Radiata) Pine Pinus radiata Nectarine Prunus species Peach Prunus species Plum Prunus species Portugal Laurel Prunus lusitanica Privets Ligustrum species Sallow Wattle Acacia longifolia subsp. longifolia Strawberry Tree Arbutus unedo Sweet Pittosporum Pittosporum undulatum Sycamore Maple Acer pseudoplatanus Tagasaste, Tree Lucerne Chamaecytisus palmensis Willows Salix species Willow-leaf Hakea Hakea salicifolia Source: Lorimer, G. (2006), Witness Statement: Knox Amendment C40 - Ecological Implications. Biosphere Pty Ltd
PAGE 4 OF 4
06/12/2007 C65
SCHEDULE 4 TO THE SIGNIFICANT LANDSCAPE OVERLAY Shown on the planning scheme map as SLO4. THE BASIN RURAL LANDSCAPE
1.0
09/11/2006 C40
Statement of nature and key elements of landscape The Basin Rural Landscape is centred on the area north of the intersection of Mountain Highway and Basin-Olinda Road. The landscape is a pastoral landscape of rolling green hills, containing indigenous and exotic rural trees, creeks and the close backdrop of the heavily vegetated hills of the Dandenong Ranges National Park and the Doongalla State Forest. Special care needs to be taken to ensure that development is sited and designed so as to maintain the landscape character of the area and the distinctive views of this pastoral landscape surrounded by bush. This landscape is particularly sensitive to further subdivision and development.
2.0
09/11/2006 C40
Landscape character objectives to be achieved To recognise the environmental and visual sensitivity of this rural area at the foot of the Dandenong Ranges. To ensure that development is compatible with the scale and character of existing development. To ensure that development is sensitive to the natural characteristics of the land including slope, terrain, creeks and any remnant vegetation. To protect the pastoral landscape character of The Basin. To retain vegetation that contributes to the landscape qualities of the area. To protect and enhance the scenic, visual, cultural and environmental values of The Basin. To conserve the flora and fauna and associated ecological processes that contribute to the significance of the landscape of The Basin. To ensure that any new development is located and designed to avoid inappropriate visual intrusion or other detrimental effects on the rural area of The Basin and the key characteristics of this landscape.
3.0
06/12/2007 C65
Permit requirement Fences A permit is required to construct a fence unless the fence is of post and wire construction, is 1.2 metres in height or less and is more than 75% open construction. Vegetation A permit is required to remove, destroy or lop a tree if the circumference of the trunk is more than 05 metre or the height of the tree is 5 metres or more. This does not apply to species listed in Table 1 of this schedule or to pruning or lopping according to normal horticultural practice for improving a trees health or structural stability.
PAGE 1 OF 3
Trunk circumference is measured at a height of 05 metre above adjacent ground level (on sloping ground to be taken on the uphill side of the tree base), or immediately above the ground for multi-stemmed trees. 4.0
09/11/2006 C40
Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: Landscape character Whether the proposed development impacts upon the views of the valley from the surrounding area, particularly the Dandenong Ranges and significant ridgelines. Whether the proposal promotes low intensity development which is sympathetic to the landscape qualities of the area. Whether the development is harmonious with a rural area and ensures identified landscape qualities are preserved. Whether the scale, shape, bulk, design and external finishes of any building or works impacts upon the landscape qualities of the area. Land management Whether the proposal will contribute to and support appropriate land management, including: Limiting the impact of stock on creek corridors. Limiting the impacts of introduced plants and animals on native flora and fauna.
Finishes Whether the proposed development will utilise non-reflective materials coloured and maintained in muted tones of green or brown on external surfaces, including roofs of all buildings but excluding solar panels, to reduce its visual impact. Vegetation Whether vegetation will be retained and planting used to screen buildings. Whether creek corridors will be revegetated using indigenous plants. Whether noxious and environmental weeds will be removed. Whether invasive exotics will be avoided. Whether adequate tree protection areas have been provided to protect retained vegetation from buildings or works (including paving), services and other infrastructure, unless demonstrated that there is no adverse effect to the trees contribution to landscape character.
PAGE 2 OF 3
Building on slopes Whether the siting and design of development will follow the topography, avoid the need for earthworks and integrate with the landscape features of the area. Whether buildings will be sited on relatively low-lying positions. Whether buildings will be dispersed to allow trees to be planted among them. Fences Whether the height, materials, construction and colour of fences respond to and maintain the landscape character of the area. Table 1 Environmental weeds Common name Scientific name Quaking (or American) Populus tremuloides Aspen Apple Malus species Apricot Prunus species Box Elder Acer negundo Bracelet (or Giant) HoneyMelaleuca armillaris myrtle Cape Wattle Paraserianthes lophantha (=Albizia lophantha) Caucasian Ash Fraxinus oxycarpa Cedar Wattle Acacia elata Cherry Laurel Prunus laurocerasus Cherry Plum Prunus cerasifera Cootamundra Wattle Acacia baileyana Cotoneaster Cotoneaster species Darwins Barberry Berberis darwinii Desert Ash Fraxinus angustifolia subsp. angustifolia Early Black Wattle Acacia decurrens Firethorns Pyracantha species Holly Ilex aquifolium Karamu Coprosma repens Loquat Eriobotrya japonica Laurustinus Viburnum tinus Maritime Pine Pinus pinaster Mirror Bush Coprosma repens Nectarine Prunus species Peach Prunus species Plum Prunus species Portugal Laurel Prunus lusitanica Privets Ligustrum species Sallow Wattle Acacia longifolia subsp. longifolia Strawberry Tree Arbutus unedo Sweet Pittosporum Pittosporum undulatum Sycamore Maple Acer pseudoplatanus Tagasaste, Tree Lucerne Chamaecytisus palmensis Willows Salix species Willow-leaf Hakea Hakea salicifolia Source: Lorimer, G. (2006), Witness Statement: Knox Amendment C40 - Ecological Implications. Biosphere Pty Ltd
PAGE 3 OF 3
06/12/2007 C65
SCHEDULE 5 TO THE SIGNIFICANT LANDSCAPE OVERLAY Shown on the planning scheme map as SLO5. LYSTERFIELD URBAN/RURAL TRANSITION AND LYSTERFIELD VALLEY CONTRIBUTORY AREA
1.0
09/11/2006 C40
Statement of nature and key elements of landscape The National Trust Classification Report (L355 2/3/1981) describes the character of the Lysterfield Valley as follows: Lysterfield Valley is an attractive pastoral landscape which forms part of a green wedge between the suburban areas of Rowville and Dandenong North and the urbanised Ferntree Gully-Belgrave ridge of the Dandenongs. For many visitors the Lysterfield Valley forms the major gateway to the Dandenongs from the metropolitan area. The excellent views of this landscape from Glenfern Road and Mount Morton highlight its importance as a buffer between urban and rural areas and as a visual transition between the metropolitan suburbia and the elevated and forested slopes of the Dandenongs. Extensive clearing of native vegetation in the past has exposed the bold hills and steep slopes of the Valley landform particularly in the east. The major attraction of this landscape is its simplicity of colour, shape and texture in contrast to the forested areas to the south and south-east, the suburban development to the west and the forest residential character of Belgrave. The area is of significance according to this report due to its attractive landscape character and its importance as a buffer between Metropolitan Melbourne and the Dandenong Ranges.
2.0
09/11/2006 C40
Landscape character objectives to be achieved To recognise the environmental and visual sensitivity of residential areas at the edge of the Lysterfield Valley and Lysterfield Hills. To ensure that development is compatible with the scale of development and landscape character of the Lysterfield Valley and Lysterfield Hills To ensure that development is sensitive to the natural characteristics of the land including slope, terrain and any remnant vegetation. To ensure that development recognises local views and minimises impact on views of the Dandenong Ranges, Lysterfield Valley, Lysterfield Hills and significant ridgelines.
3.0
06/12/2007 C65
Permit requirement Buildings and works A permit is not required to extend an existing dwelling or construct buildings and works ancillary to a dwelling (including a water tank of 4500 litres capacity or less) if: There is only one dwelling on the lot and the area of the lot is greater than 500 square metres. The height of the building or works is less than 7.5 metres. A proposed outbuilding has a floor area less than 50 square metres, wall height less than 3.6 metres and overall height less than 5 metres.
PAGE 1 OF 4
Proposed excavation or filling is less than one metre in depth. Excavation or filling is not occurring within the root zone of vegetation that would require a permit for its removal, destruction or lopping under this clause. The slope of the land is less than 10%. External surfaces, including roofs or all buildings but excluding solar panels, utilise to the satisfaction of the responsible authority non-reflective materials coloured and maintained in muted tones of green or brown.
Fences A permit is required to construct: A front fence, unless the fence is 1.2 metres in height or less and is more than 50% transparent. A side fence between a building and the street, unless the fence is 1.2 metres in height or less. A rear fence or a side fence that is not between a building and the street, unless the fence is 1.8 metres in height or less. Vegetation A permit is required to remove, destroy or lop a tree if the circumference of the trunk is more than 05 metre or the height of the tree is 5 metres or more. This does not apply to species listed in Table 1 of this schedule or to pruning or lopping according to normal horticultural practice for improving a trees health or structural stability. Trunk circumference is measured at a height of 05 metre above adjacent ground level (on sloping ground to be taken on the uphill side of the tree base), or immediately above the ground for multi-stemmed trees. 4.0
09/11/2006 C40
Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: Landscape character Whether the proposed development will impact upon local views and views of the Dandenong Ranges, Lysterfield Valley, Lysterfield Hills, and significant ridgelines. Whether the proposal promotes low intensity development which is sympathetic to the landscape qualities of the area. Whether larger lots are utilised when subdividing to create an appropriate transition between the Lysterfield Hills and Lysterfield Valley and the balance of the urban area. Whether larger lots are utilised when subdividing where there are steep slopes to increase the area available for planting to screen development and limit visual impact. Whether the scale, shape, bulk, design and external finishes of any building or works will impact upon the landscape qualities of the area. Whether street layouts follow the contours. Whether the alignment of roads to provide an edge to the urban area and public access to reserves, parkland and views. Whether development is oriented to bush and rural/pastoral spaces, rather than lining these boundaries with back fences.
PAGE 2 OF 4
Whether the site coverage of buildings and paved areas allows adequate space for planting and retaining trees. Whether informal street treatments have been used to incorporate indigenous vegetation and rollover kerbing. Finishes Whether the proposed development will utilise non-reflective materials coloured and maintained in muted tones of green or brown on external surfaces, including roofs of all buildings but excluding solar panels, to reduce its visual impact. Height Whether buildings exceeding a height of 7.5 metres will have a detrimental impact on the key elements of the landscape and the landscape character objectives. Site coverage Whether sufficient provision has been made for the planting of canopy trees and other vegetation, to meet the landscape character objectives. Vegetation Whether vegetation will be retained and planting used, preferably indigenous or native, to screen buildings. Whether creek corridors will be revegetated using indigenous plants. Whether noxious and environmental weeds will be removed. Whether invasive exotics will be avoided. Whether adequate tree protection areas have been provided to protect retained vegetation from buildings or works (including paving), services and other infrastructure, unless demonstrated that there is no adverse effect to the trees contribution to landscape character. Building on slopes Whether building on slopes greater than 20% is appropriate. Whether the siting and design of development will follow the topography, avoid the need for earthworks and integrate with the landscape features of the area. Whether buildings will be sited on relatively low-lying positions. Whether buildings will be dispersed to allow trees to be planted among them. Fences Whether the height, materials, construction and colour of fences respond to and maintain the landscape character of the area. Table 1 Environmental weeds Common name Quaking (or American) Aspen Apple Apricot Box Elder Bracelet (or Giant) Honeymyrtle Cape Wattle Caucasian Ash Cedar Wattle Scientific name Populus tremuloides Malus species Prunus species Acer negundo Melaleuca armillaris Paraserianthes lophantha (=Albizia lophantha) Fraxinus oxycarpa Acacia elata
PAGE 3 OF 4
Common name Cherry Laurel Cherry Plum Cootamundra Wattle Cotoneaster Darwins Barberry Desert Ash Early Black Wattle Firethorns Holly Karamu Loquat Laurustinus Maritime Pine Mirror Bush Monterey (or Radiata) Pine Nectarine Peach Plum Portugal Laurel Privets Sallow Wattle Strawberry Tree Sweet Pittosporum Sycamore Maple Tagasaste, Tree Lucerne Willows Willow-leaf Hakea
Scientific name Prunus laurocerasus Prunus cerasifera Acacia baileyana Cotoneaster species Berberis darwinii Fraxinus angustifolia subsp. angustifolia Acacia decurrens Pyracantha species Ilex aquifolium Coprosma repens Eriobotrya japonica Viburnum tinus Pinus pinaster Coprosma repens Pinus radiata Prunus species Prunus species Prunus species Prunus lusitanica Ligustrum species Acacia longifolia subsp. longifolia Arbutus unedo Pittosporum undulatum Acer pseudoplatanus Chamaecytisus palmensis Salix species Hakea salicifolia
Source: Lorimer, G. (2006), Witness Statement: Knox Amendment C40 - Ecological Implications. Biosphere Pty Ltd
PAGE 4 OF 4
19/01/2006 VC37
SCHEDULE 6 TO THE SIGNIFICANT LANDSCAPE OVERLAY Shown on the planning scheme map as SLO6. DANDENONG FOOTHILLS FORMER FERNTREE GULLY QUARRY
1.0
19/01/2006 VC37
Statement of nature and key elements of landscape The Dandenong Foothills appear as treed slopes rising above the suburbs. The Dandenong Foothills are recognised as a scenic backdrop of metropolitan significance, forming part of the slopes of the Dandenong Ranges. As a green edge containing the growth of the suburbs, the Dandenongs and their foothills have an iconic significance for Melbourne, and are essential to the image of the City of Knox as a city in a unique landscape setting. The former Ferntree Gully Quarry is located against the scenic backdrop of the Dandenong Foothills and abuts the Dandenong Ranges National Park. It has been substantially cleared of vegetation and its topography altered as a result of over 100 years of quarrying. The quarry has ceased operating and the area covered by this overlay is considered appropriate for residential development. It is important that any development is respectful of and contributes to the sites landscape setting. The key elements of this landscape are: The visual dominance of vegetation including large native trees and understorey plants and the often continuous flow of vegetation across residential blocks and roadways. The way in which the majority of development blends in with the vegetation and the hillsides appear to be tree covered even when developed with houses. Houses tucked into the hilly landscape with colours that blend with the landscape. The gently sloping and hilly terrain. Interruption of the former quarry site to the landscape setting of the foothills in terms of continuos flow of treed slopes rising above the suburbs. Visual intrusion on views of the Dandenongs and their foothills from inappropriate development. Special care needs to be taken to ensure that development is sited and designed so as to reestablish the closed canopy on the site to ensure a consistent western face to the Dandenong Foothills, and maintain the landscape character of the surrounding area and near and distant view lines. The landscape character of this area depends on protection and rejuvenation of indigenous vegetation (both canopy and understorey), and limiting the visibility of buildings, roads and lighting. Special care also needs to be taken to ensure buildings and works including fencing are in sympathy with the landscape characteristics of the site and surrounding area.
2.0
19/01/2006 VC37
Landscape character objective to be achieved To protect and enhance the visual, natural and cultural heritage values of the foothills landscape. To protect landscapes from visual intrusion due to the inappropriate siting, design or materials of buildings and works and advertising signs. To encourage siting, design and landscaping of buildings and works, including fencing, that responds to the landscape significance of the site and the surrounding area.
PAGE 1 OF 5
To re-establish the site with canopy trees to achieve the appearance of this part of the foothills of the Dandenong Ranges, particularly when viewed from the west, as treed slopes rising above the suburbs. To ensure that vegetation remains a key element of the foothills landscape. 3.0
19/01/2006 VC37
Permit requirement
Vegetation A permit is required to remove, destroy or lop vegetation if the effective circumference of the trunk is more than 1 metre or the height of the vegetation is 5 metres or more. Trunk circumference is measured at the narrowest point below 500 millimetres height above ground level at the base of the trunk. If a tree divides into more than one stem below 500 mm height, the circumference is measured by taking one measurement to include all of the stems. A permit is not required to remove, destroy or lop an environmental weed as described in Table 1 of this schedule. Fences A permit is required to construct a fence if it is a side or rear fence more than 1.5 metres high that is not effectively screened by landscaping, and it is not constructed of nonreflective materials and finished in muted colours. 4.0
19/01/2006 VC37
Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: Landscape character The impact of the development on views within the foothills area and the impact of the development on more distant views across the city and suburbs to the foothills of the Dandenongs. Whether the development incorporates high standards of architectural and landscape design that respects and contributes to the nearby natural landscapes. Whether the siting, height, scale, materials and form of proposed buildings and works have been designed to have least visual impact on the landscape. Finishes Requiring the use of non-reflective materials and muted colours on external surfaces, including water tanks and roofs of all buildings, but excluding solar panels, to reduce the visual impact of the development on the surrounding area and views of the Dandenongs and their foothills. Vegetation Re-establishing a continuous canopy of indigenous canopy trees that ensure any development on the site blends in with the surrounding natural landscape.
PAGE 2 OF 5
Providing for the retention of existing canopy trees and keeping buildings below the predominant and expected tree canopy height. Retention and protection of indigenous trees and understorey vegetation and requiring a minimum of 80% of all new vegetation (both canopy trees and understorey) to be indigenous species. Use of planting to promote a continuous flow of native vegetation across residential blocks. Protection of habitat for native fauna, and the creation and enhancement of wildlife corridors. Promoting the removal of noxious and environmental weeds and avoiding use of invasive exotics. Whether buildings and works, including power and communication cables inside tree protection areas of existing vegetation, are designed and constructed to provide for the long-term health and retention of existing vegetation and proposed planting. Fences Whether the height, materials, construction and colour of fences respond to and maintain the landscape character of the area and avoid visual intrusion. Open construction techniques should be used to maintain near and distant views. Table 1 Environmental Weeds Common name
African Lily American Aspen Angled Onion Apple Apricot Arum Lily Banana Passionfruit Box Elder Blackberry Blue-bell Creeper Blue Periwinkle Bridal Creeper Boneseed Bulbil Watsonia Cape Broom Cape Ivy Cape Wattle Caster Oil Plant
Botanical name
Agapanthus praecox ssp. orientalis Populus tremuloides Allium triquetrum Malus spp Prunus spp. Zantedeschia aethiopica Passiflora sp. aff. Mollissima (syn. Jacsonia mollissima) Acer ngundo Rubus fruticosos spp. agg. Sollya heterophylla Vinca major Myrisphyllum asparagoides Chrysanthemoides monilifera Watsonia meriana Genista monspessulana Delairea odorata Paraserianthis lopantha Albizia lophanatha Rincinus commonis
PAGE 3 OF 5
Common name
Caucasian Ash Cedar Wattle Cestrum Cherry laurel Cherry Plum Cootamundra Wattle Cotoneaster Creeping Buttercup Darwins Berberry Desert Ash Early Black Wattle English Broom English Ivy Firethorns Flax Leaf Broom Giant Honey Myrtle Gorse Hawthorn Holly Japanese Honeysuckle Loquat Laurestinus Maritime Pine Nectarine Pampas Grass Peach Plum Portugal Laurel Radiata (Monterey) Pine Sallow Wattle Spanish Heath Strawberry Tree Sweet Briar Sweet Pittosporum Sycamore MapleCAL
Botanical name
Fraxinus oxycarpa Acacia elate Cestrum elegans Prunus laurocerasus Prunus cerasifera Acacia baileyana Cotoneaster spp. Ranunculus repens Berberis darwinii Fraxinus angustifolium rotundifolium Acacia decurrens Cytisus scoparius Hedra helix Pyracantha spp. Genista linifolia Melaleuca armillaris Ulex europaeus Crategus monogyna Ilex aquifolium Lonicera japonica Eribotrya japonica Vibernum timus Pinus pinaster Prunus spp. Cortaderai selloana Prunus spp. Prunus spp. Prunus lusitanica Pinus radiata Acacia longifolia Erica lusitanica Arbutus unedo Rosa rubiginosa Pittosporum undulatum Acer pseudo-plantanus
PAGE 4 OF 5
Common name
Tree Lucerne Wandering Jew Willow Willow Hakea
Botanical name
Cytisis palmensis Tradescantia fluminensis Salix spp. Hakea salicifolia
PAGE 5 OF 5
43
19/01/2006 VC37
HERITAGE AND BUILT FORM OVERLAYS
HERITAGE AND BUILT FORM OVERLAYS
PAGE 1 OF 1
43.01
21/09/2009 VC60
HERITAGE OVERLAY Shown on the planning scheme map as HO with a number (if shown). Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places. To ensure that development does not adversely affect the significance of heritage places. To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place. Scope The requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land. Heritage places may also be shown on the planning scheme map.
43.01-1
21/09/2009 VC60

Subdivide land. Demolish or remove a building. Construct a building or construct or carry out works, including:
Domestic services normal to a dwelling if the services are visible from a street (other than a lane) or public park. A solar energy facility attached to a building that primarily services the land on which it is situated if the services are visible from a street (other than a lane) or public park. A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public park. A fence. Road works and street furniture other than:

traffic signals, traffic signs, fire hydrants, parking meters, post boxes and seating speed humps, pedestrian refuges and splitter islands where the existing footpaths or kerb and channel are not altered. A domestic swimming pool or spa and associated mechanical and safety equipment. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level. Non-domestic disabled access.
HERITAGE OVERLAY
PAGE 1 OF 4
Bicycle pathways and trails.
Externally alter a building by structural work, rendering, sandblasting or in any other way. Construct or display a sign. Externally paint a building if the schedule to this overlay identifies the heritage place as one where external paint controls apply. Externally paint an unpainted surface. Externally paint a building if the painting constitutes an advertisement. Internally alter a building if the schedule to this overlay identifies the heritage place as one where internal alteration controls apply. Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials. Remove, destroy or lop a tree if the schedule to this overlay identifies the heritage place as one where tree controls apply. This does not apply:
To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998. If the tree presents an immediate risk of personal injury or damage to property.
43.01-2
15/09/2008 VC49
No permit required No permit is required under this overlay:
For anything done in accordance with an incorporated plan specified in a schedule to this overlay. To internally alter a church for liturgical purposes if the responsible authority is satisfied that the alterations are required for liturgical purposes. For interments, burials and erection of monuments, re-use of graves, burial of cremated remains and exhumation of remains in accordance with the Cemeteries and Crematoria Act 2003. To develop a heritage place which is included on the Victorian Heritage Register.
43.01-3
15/09/2008 VC49
Exemption from notice and review An application under this overlay for any of the following classes of development is exempt from the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act:
Demolition or removal of an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is identified in the schedule to this overlay. Demolition or removal of a fence unless the fence is identified in the schedule to this overlay. External alteration of a building. External painting. Construction of a fence.
HERITAGE OVERLAY
PAGE 2 OF 4
Construction of a carport, garage, pergola, verandah, deck, shed or similar structure. Domestic services normal to a dwelling. Carry out works, repairs and routine maintenance. Internally alter a building. Non-domestic disabled access ramp. Construction of a vehicle cross-over. Construction of a domestic swimming pool or spa and associated mechanical equipment and safety fencing. Construction of a tennis court. Construction of a rainwater tank. Construction or display of a sign. Lopping of a tree. Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.
43.01-4
15/09/2008 VC49
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place. Any applicable statement of significance, heritage study and any applicable conservation policy. Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place. Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place. Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place. Whether the proposed works will adversely affect the significance, character or appearance of the heritage place. Whether the proposed subdivision will adversely affect the significance of the heritage place. Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place. Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place. Whether the lopping or development will adversely affect the health, appearance or significance of the tree.
HERITAGE OVERLAY
PAGE 3 OF 4
43.01-5
15/09/2008 VC49
Use of a heritage place A permit may be granted to use a heritage place (including a heritage place which is included on the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following apply:
The schedule to this overlay identifies the heritage place as one where prohibited uses may be permitted. The use will not adversely affect the significance of the heritage place. The benefits obtained from the use can be demonstrably applied towards the conservation of the heritage place.
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider the effect of the use on the amenity of the area. 43.01-6
17/09/2007 VC45
Aboriginal heritage places A heritage place identified in the schedule to this overlay as an Aboriginal heritage place is also subject to the requirements of the Aboriginal Heritage Act 2006. Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land Check the requirements of the zone which applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
Notes:
HERITAGE OVERLAY
PAGE 4 OF 4
01/10/2009 C100
SCHEDULE TO THE HERITAGE OVERLAY The requirements of this overlay apply to both the heritage place and its associated land.
PS Map Ref
Heritage Place
External Paint Controls Apply?
Internal Tree Alteration Controls Controls Apply? Apply?
Outbuildings or fences which are not exempt under Clause 43.01-4
Included Prohibited on the uses may be Victorian permitted? Heritage Register under the Heritage Act 1995?
No No No No No No No No No No No No No No No No No No No No
Name of Aboriginal Incorporated heritage Plan under place? Clause 43.012
HO1 HO2 HO3 HO4 HO5 HO6 HO7 HO8 HO9
Lysterfield Lake Park Heany Park Collier Park W.G. Morris Memorial Reserve Wicks Reserve Batterham Reserve Police Paddocks Reserve Historic Oak Tree, Sheffield Road, The Basin 56 Edina Road, Ferntree Gully - House
No No No No No No No No No
No No No No No No No No No No
Yes Yes No Yes Yes Yes Yes Yes No No
None specified None specified None specified None specified None specified None specified None specified None specified None specified None specified
HO10 Old Farm Buildings and Managers Residence, No Chesterfield Farm, Scoresby HO11 Bona Vista, 3 Lilac Street, Bayswater HO12 Bretonneux, 53 Dorset Road, Ferntree Gully HO13 Nells Cottage, 21 Forest Road, Ferntree Gully No No No
No No Yes
No No No
No No No
No No No
No No No
None specified None specified None specified
No No No
HERITAGE OVERLAY - SCHEDULE
PAGE 1 OF 7
PS Map Ref
Heritage Place
No No No No No No
HO14 Woodleigh, 3 Norma Cresent, Knoxfield HO15 House, 109 Underwood Road, Ferntree Gully
No No
No No No
No No
No No
None specified None specified None specified
No No No
HO16 Ambleside, 3 Olivebank Road, Ferntree Gully, Yes Dwelling, one mature Oak (Quercus robur), Camellia hedge, Rhododendrons, Holly, Magnolia, one mature Blackwood (Acacia melanoxylon), Roses, Lorraine Lee Roses, one Strawberry Guava, and one Feijoa
Yes only to No those specifically identified under Heritage Place No No
HO18 Club Hotel, junction of Ferntree Gully Road and No Burwood Highway, Ferntree Gully HO19 Ferntree Gully Hotel No
No
No
No
None specified
No
No No
No No
No No
No No
No No
No No
HO20 Bayswater Primary School (original timber No building only), Mountain Highway, Bayswater HO21 Ferntree Gully State School, corner of Burwood No Highway and Dorset Road, Ferntree Gully The heritage place comprises the 1883, 1901 and interwar school buildings, a Turkey Oak (Quercus cerris) to the front of the school buildings, and four English Oaks (Quercus robur) and a White Poplar (Populus alba) located on the south western boundary of the
No
Yes - only to No those specifically identified under Heritage Place
No
No
None specified
No
PAGE 2 OF 7
PS Map Ref
Heritage Place
site. HO22 Scoresby State School No No No No No No None specified No
HO23 Bayswater Wine Cafe, corner of Bayswater No Road and Mountain Highway, Bayswater and Cypress Pine (Cupressus sp.), and Oaks (Quercus robur)
No
Yes only to No those specifically identified under Heritage Place Yes No
No
No
None specified
No
HO24 Stamford Park, Stud Road, Rowville. Stamford Yes Park House and Elms (Ulmus procera), Incense Cedar (Calocedrus decurrens), Moreton Bay Fig (Ficus macrophylla) HO25 Millers Homestead, corner of Melrose Court and Yes Dorrigo Drive, Boronia and one large Ironbark (Eucalyptus sideroxylon), numerous Camelias of horticultural & historical significance, and Poplars (Populus sp.)
No
No
Yes
None specified
No
Yes
Yes only to No those specifically identified under
No
No
None specified
No
PAGE 3 OF 7
PS Map Ref
Heritage Place
Heritage Place HO26 Lomond, 45 Orange Grove, Bayswater and No Cypress Pines (Cupressus sp.), and original Fruit trees No Yes only to No those specifically identified under Heritage Place No No No No None specified No
HO27 Highmoor, 6 Highmoor Avenue, Bayswater
No
No No
No No
No No
No No
HO28 Blackwood Park, 11 Bales Street, Ferntree No Gully and large Cypress Pine (Cupressus sp.)
Yes only to No those specifically identified under Heritage Place No No
HO29 Royal Hotel, corner of Dawson Street and No Burwood Highway, Upper Ferntree Gully HO30 1 Alwyn Street, Bayswater (adjacent to Uniting No Church) HO31 Former Ferntree Gully Shire Hall, north-west No corner of Burwood Highway and Selman
No
No
No
None specified
No
No
No
No
No
No
None specified
No
Yes
Yes only to No those
No
No
None specified
No
PAGE 4 OF 7
PS Map Ref
Heritage Place
Avenue, Ferntree Gully and four Elms (Ulmus procera), two Oaks (Quercus sp.), one Lombardy Poplar (Populus nigra), and Monterey Pines (Pinus radiata)
specifically identified under Heritage Place No No No No No None specified No
HO32 Coonara House, Willow Road, Upper Ferntree No Gully HO33 Uniting Church (former Wesleyan), Ferntree No Gully Road, Scoresby HO34 Kelso, 24 Westley Street, Ferntree Gully No
No
No
No
No
No
None specified
No
No _
No _
No _
No
No
No No
HO35 Pipe Organ, Our Saviour Lutheran Church, _ corner of Scoresby Road and Burwood Highway, Knoxfield HO36 Clow Cottage, Dandenong Valley Parklands, No Rowville HO37 A row of non indigenous Eucalypts, Selman No Avenue, Ferntree Gully HO38 Ferntree Gully Recreation Reserve, Lysterfield No Road, Ferntree Gully. Elms (Ulmus procera), Oaks (Quercus robur), Plane Trees (Platanus orientalis) HO39 Corner of Sasses Avenue and Boronia Road, No
No Yes Ref H1280
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
PAGE 5 OF 7
PS Map Ref
Heritage Place
Bayswater. styraciflua)
Liquidambars
(Liquidambar
HO40 Corner of Sasses Avenue and Begonia Road, No Bayswater. One Oak (Quercus robur) HO41 Kings Park, Willow Road, Upper Ferntree Gully. No One Elm (Ulmus procera), Poplars (Populus sp.) HO42 Hawthorn hedge, Mountain Highway, The No Basin, between Albert Avenue and Miller Road HO43 Avenue of Honour, Lysterfield Road, Lysterfield. No Ten Silky Oaks (Grevillea robusta), two English Oaks (Quercus robur) HO44 Blackwood Park Road, avenue of Elms (Ulmus No procera) HO45 21 Myrtle Street, Bayswater. 1890s Canary No Island Palm (Phoenix canariensis) HO46 Forest Lodge, Boronia Road, Wantirna. Four No Oaks (Quercus robur), two American Red Cedar (Cedrus sp.), Claret Ashes (Fraxinus angustifolia) HO47 Greenlaw, Scoresby Road, Knoxfield. Monterey No Pines (Pinus radiata)
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
PAGE 6 OF 7
PS Map Ref
Heritage Place
No No
HO48 Baird House, Commercial Road, Ferntree Gully. No Monterey Pines (Pinus radiata), mature Camellias (Camellia sp.), one Canary Island Palm (Phoenix canariensis) HO49 Kitty Chandlers House, Mount View Road, No Boronia. African Oak, Camellias (Camellia sp.), Rhododendron (Rhododendron sp.), Canary Island Palm (Phoenix canariensis), associated Fruit trees HO50 Boronia Road, Wantirna. Hawthorn (Crataegus sp.), europaeus) Briar hedge, No Gorse (Ulex
No
Yes
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
HO51 The Triangle, junction of Mountain Highway, No Basin-Olinda Road and Forest Road HO53 Boronia Road, Boronia. A large hedge of No Cypress Pine (Cupressus sp.) HO54 Basin-Olinda Road, The Basin. One large Oak No (Quercus robur) HO55 Templer Church Hall, 3 Wadi Street, Boronia. _
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
No
Yes
No
No
No
None specified
No
Yes Ref Yes H1992
None specified
No
PAGE 7 OF 7
43.02
19/01/2006 VC37
DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas which are affected by specific requirements relating to the design and built form of new development.
43.02-1
19/01/2006 VC37
Design objectives A schedule to this overlay must contain a statement of the design objectives to be achieved for the area affected by the schedule. Buildings and works
43.02-2
19/01/2006 VC37
Permit requirement A permit is required to: Construct a building or construct or carry out works. This does not apply: If a schedule to this overlay specifically states that a permit is not required. To the construction of an outdoor swimming pool associated with a dwelling unless a specific requirement for this matter is specified in a schedule to this overlay. Construct a fence if specified in a schedule to this overlay. Buildings and works must be constructed in accordance with any requirements in a schedule to this overlay. A schedule may include requirements relating to: Building setbacks. Building height. Plot ratio. Landscaping. Any other requirements relating to the design or built form of new development. A permit may be granted to construct a building or construct or carry out works which are not in accordance with any requirement in a schedule to this overlay, unless the schedule specifies otherwise. Exemption from notice and review A schedule to this overlay may specify that an application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
DESIGN AND DEVELOPMENT OVERLAY
PAGE 1 OF 3
43.02-3
19/01/2006 VC37
Subdivision
Permit requirement A permit is required to subdivide land. This does not apply if a schedule to this overlay specifically states that a permit is not required. Subdivision must occur in accordance with any lot size or other requirement specified in a schedule to this overlay. A permit may be granted to subdivide land which is not in accordance with any lot size or other requirement in a schedule to this overlay, unless the schedule specifies otherwise. Exemption from notice and review A schedule to this overlay may specify that an application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. 43.02-4
19/01/2006 VC37
Advertising signs Advertising sign controls are at Clause 52.05 unless otherwise specified in a schedule to this overlay. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The design objectives of the relevant schedule to this overlay. The provisions of any relevant policies and urban design guidelines. Whether the bulk, location and appearance of any proposed buildings and works will be in keeping with the character and appearance of adjacent buildings, the streetscape or the area. Whether the design, form, layout, proportion and scale of any proposed buildings and works is compatible with the period, style, form, proportion, and scale of any identified heritage places surrounding the site. Whether any proposed landscaping or removal of vegetation will be in keeping with the character and appearance of adjacent buildings, the streetscape or the area. The layout and appearance of areas set aside for car parking, access and egress, loading and unloading and the location of any proposed off street car parking Whether subdivision will result in development which is not in keeping with the character and appearance of adjacent buildings, the streetscape or the area. Any other matters specified in a schedule to this overlay.
43.02-5
19/01/2006 VC37
PAGE 2 OF 3
Notes:
PAGE 3 OF 3
06/12/2007 C65
SCHEDULE 1 TO THE DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO1 DANDENONG FOOTHILLS: FOOTHILLS BACKDROP AND RIDGELINE AREA
1.0
09/11/2006 C40
Design objectives To ensure that residential development reflects the existing subdivision character of the area. To ensure that lots are large enough to accommodate development, while retaining natural or established vegetation cover and providing substantial areas for planting and revegetation to occur. To minimise site coverage and impervious surface cover to protect environmental values and minimise the visual dominance of development.
2.0
09/11/2006 C40
Buildings and works The following requirements apply to development: The site area covered by buildings must not exceed 40%. The site area covered by buildings and impervious surfaces must not exceed 60%. A permit cannot be granted to construct a building or construct or carry out works which are not in accordance with these requirements.
3.0
06/12/2007 C65
Subdivision Land in the Residential 3 Zone must not be subdivided into lots less than 1,000 square metres. A permit cannot be granted to subdivide land which is not in accordance with this requirement unless the subdivision is in accordance with a permit that was granted on or before 31 October 2006 for development of more than one dwelling (not a dependent persons unit) on a lot.
DESIGN AND DEVELOPMENT OVERLAY - SCHEDULE 1
PAGE 1 OF 1
06/12/2007 C65
SCHEDULE 2 TO THE DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO2 DANDENONG FOOTHILLS: LOWER SLOPE AND VALLEY AREA
1.0
--/--/20-09/11/2006 C40
2.0
06/12/2007 C65
Buildings and works The following requirements apply to development: The site area covered by buildings must not exceed 40%. The site area covered by buildings and impervious surfaces must not exceed 60%. A permit cannot be granted to construct a building or construct or carry out works which are not in accordance with these requirements. A permit is not required to extend an existing dwelling or construct buildings and works ancillary to a dwelling (including a water tank of 4500 litres capacity or less) if: The site area covered by buildings does not exceed 40%. The site area covered by buildings and impervious surfaces does not exceed 60%. There is only one dwelling on the lot and the area of the lot is greater than 500 square metres. The height of the building or works is less than 7.5 metres. A proposed outbuilding has a floor area less than 50 square metres, wall height less than 3.6 metres and overall height less than 5 metres. Proposed excavation or filling is less than one metre in depth. Excavation or filling is not occurring within the root zone of vegetation that would require a permit for its removal, destruction or lopping under this clause. The slope of the land is less than 10%. External surfaces, including roofs or all buildings but excluding solar panels, utilise to the satisfaction of the responsible authority non-reflective materials coloured and maintained in muted tones of green or brown.
PAGE 1 OF 2
3.0
06/12/2007 C65
Subdivision Land in the Residential 3 Zone must not be subdivided into lots less than 500 square metres. A permit cannot be granted to subdivide land which is not in accordance with this requirement unless: the subdivision is in accordance with a permit that was granted on or before 31 October 2006 for development of more than one dwelling (not a dependent persons unit) on a lot; or the subdivision includes common property, and the total reduction in the size of lots in the subdivision does not exceed the area of the common property..
PAGE 2 OF 2
06/12/2007 C65
SCHEDULE 3 TO THE DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO3 LYSTERFIELD URBAN/RURAL TRANSITION AND LYSTERFIELD VALLEY CONTRIBUTORY AREA
1.0
09/11/2006 C40
2.0
06/12/2007 C65
Buildings and works The following requirements apply to development: The site area covered by buildings must not exceed 40%. The site area covered by buildings and impervious surfaces must not exceed 60%. A permit cannot be granted to construct a building or construct or carry out works which are not in accordance with these requirements. A permit is not required to extend an existing dwelling or construct buildings and works ancillary to a dwelling (including a water tank of 4500 litres capacity or less) if: The site area covered by buildings does not exceed 40%. The site area covered by buildings and impervious surfaces does not exceed 60%. There is only one dwelling on the lot and the area of the lot is greater than 1000 square metres. The height of the building or works is less than 7.5 metres. A proposed outbuilding has a floor area less than 50 square metres, wall height less than 3.6 metres and overall height less than 5 metres. Proposed excavation or filling is less than one metre in depth. Excavation or filling is not occurring within the root zone of vegetation that would require a permit for its removal, destruction or lopping under this clause. The slope of the land is less than 10%. External surfaces, including roofs or all buildings but excluding solar panels, utilise to the satisfaction of the responsible authority non-reflective materials coloured and maintained in muted tones of green or brown.
PAGE 1 OF 2
3.0
06/12/2007 C65
Subdivision Land in the Residential 3 Zone must not be subdivided into lots less than 1,000 square metres. A permit cannot be granted to subdivide land which is not in accordance with this requirement unless: the subdivision is in accordance with a permit that was granted on or before 31 October 2006 for development of more than one dwelling (not a dependent persons unit) on a lot; or The subdivision includes common property, and the total reduction in the size of lots in the subdivision does not exceed the area of the common property.
PAGE 2 OF 2
19/01/2006 VC37
SCHEDULE 4 TO THE DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO4 DANDENONG FOOTHILLS FORMER FERNTREE GULLY QUARRY
1.0
19/01/2006 VC37
Design objectives To ensure that development has regard to the established neighbourhood streetscape and development pattern in terms of building height, scale and siting. To ensure that site areas are large enough to accommodate development, while retaining natural or established vegetation cover and providing substantial areas for planting and revegetation to occur. To minimise the extent of earthworks and encourage development that follows topography and integrates with the landscape features of the area. To minimise site coverage by buildings and impervious surfaces, and avoid an increase in the site coverage of buildings unless it can be demonstrated that the proposal will protect environmental values and minimise the visual dominance of development. To ensure the visual dominance of vegetation and avoid development that protrudes above the existing and future tree canopy. To protect near and distant viewlines by ensuring that no individual building dominates the streetscape and avoiding visual intrusion due to development on sloping or hilly terrain. To protect and enhance native flora and fauna habitat, including encouraging removal of environmental weeds, avoiding introduction of further environmental weeds and strengthening and creating wildlife corridors. To encourage use of best practice stormwater management and water sensitive urban design techniques to reduce impacts on surface and ground waters.
2.0
19/01/2006 VC37
Buildings and works The following requirements apply: Maximum building height The maximum building height of a building must be no more than 7.5 metres. It must be demonstrated that: Visual bulk of the building is minimised. The building will fit below the future tree canopy. The building design and layout has followed the contours. Building height is the vertical distance between the natural ground level and the highest point on the building, with the exception of architectural features and building services. This requirement cannot be varied with a permit.
PAGE 1 OF 4
Fences No fence is to be constructed forward of a dwelling. This requirement cannot be varied with a permit. Number of dwellings No more than one dwelling, excluding a single dependent persons unit, may be constructed on a lot. This requirement cannot be varied with a permit. Site coverage The maximum site area covered by buildings must not exceed 40%. The maximum site area covered by buildings and impervious surfaces must not exceed 60%. These requirements cannot be varied with a permit. Slope For lots with slopes greater than 20%, it must be demonstrated that: Development follows the contours. Building height and bulk are minimised. Excavation and filling are minimised. No individual building or structure dominates the landscape. Visual dominance of vegetation is ensured. Vegetation and landscaping A landscape plan showing existing vegetation with associated tree protection areas, vegetation proposed to be removed and the location and type of planting proposed must be submitted with any application. A minimum of 80% of all new vegetation (both canopy trees and understorey) must be indigenous species. All indigenous vegetation is to be of known local provenance. Planting must be undertaken to the satisfaction of the responsible authority to screen buildings from the street and surrounding properties. For lots that are less than 800 square metres, a minimum of five indigenous canopy trees must be planted or retained upon each lot with at least two of these being located to the rear of the dwelling and one to the front. For lots that are 800 square metres or greater, a minimum of eight indigenous canopy trees must be planted or retained upon each lot with at least three of these being located to the rear of the dwelling and one to the front. Canopy trees may be planted in clusters with overlapping root areas. A minimum of 250 mm of on site topsoil or approved Australian Standard topsoil must be incorporated in all garden areas to assist vegetation growth. Topsoil must not be spread within the drip line of trees to be retained or the natural surface level altered around trees to be retained.
PAGE 2 OF 4
A tree protection area must be provided for existing trees by an arborist and to the satisfaction of the responsible authority. Buildings and works, including paving, cabling and installation of services, should not occur in this area, unless it is demonstrated that there is no adverse affect on the long-term retention and health of the tree. Finishes The external surfaces, including roofs of all buildings, but excluding solar panels, must be treated with non-reflective materials coloured and maintained in muted tones of green, brown, beige or other colours approved by the responsible authority to reduce the visual impact of the development on the surrounding area and views of the Dandenongs and their foothills. Sewerage Reticulated sewerage must be provided. This requirement cannot be varied with a permit. Water A water tank with a minimum capacity of 2000 litres must be provided for each dwelling for the collection of roof water. Driveways should be of a porous nature. 3.0
19/01/2006 VC37
Subdivision A permit cannot be granted to further subdivide the lots.
4.0
19/01/2006 VC37
Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: The scale, shape, bulk, design (including height and siting) and external finishes of any building or works and the impacts of these on the landscape qualities of the area. Whether the development follows the topography, avoids the need for earthworks and integrates with the landscape features of the area. Whether buildings have been set at relatively low-lying positions on their site and whether buildings have been dispersed to allow trees to be planted among them. Retaining existing canopy trees and keeping buildings below the predominant tree canopy height. Retaining existing canopy trees along the Butlers Road and Railway Road tree reserves and siting of driveways to maximise retention of trees. Whether adequate space has been provided on a lot for retention of canopy trees or the planting of new canopy trees. Minimising paved areas (roads, driveways, car parks, etc) and retention of vegetation and use of planting to screen buildings. Identification, protection and creation of habitat for native fauna, including the strengthening and creation of wildlife corridors. Requiring a minimum of 80% of all new vegetation (both canopy trees and understorey) to be indigenous species.
PAGE 3 OF 4
Promoting the removal of noxious and environmental weeds and avoiding use of invasive exotics. Whether overlapping root areas for canopy trees planted in clusters restricts the growth and height of the trees to compromise the design objectives. Whether buildings and works, including power and communication cables inside tree protection areas of existing vegetation, are designed and constructed to provide for the long-term health and retention of existing vegetation and proposed planting. Placing power, communications cables and other services underground. Minimising the visibility of public lighting and other infrastructure and ensuring light sources are hidden to control glare and light spill. The need to ensure that the design of development has adequate regard to fire risk and includes appropriate fire protection measures. The views of the relevant fire authority. Whether the development adopts appropriate water management techniques, including rainwater collection and landscape treatments, to reduce impacts on surface and ground waters, slow rates of run-off and protect water quality. Whether any loss of amenity will result from a variation to a requirement of this schedule.
PAGE 4 OF 4
09/11/2006 C40
SCHEDULE 5 TO THE DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO5 DANDENONG FOOTHILLS: FOOTHILLS BACKDROP AND RIDGELINE CENTRAL AREA
1.0
09/11/2006 C40
2.0
09/11/2006 C40
Buildings and works The following requirements apply to development: The site area covered by buildings must not exceed 40%. The site area covered by buildings and impervious surfaces must not exceed 60%. A permit cannot be granted to construct a building or construct or carry out works which are not in accordance with these requirements.
3.0
09/11/2006 C40
Subdivision Land in the Residential 3 Zone must not be subdivided into lots less than 2,000 square metres. A permit cannot be granted to subdivide land which is not in accordance with this requirement.
4.0
PAGE 1 OF 1
20/08/2009 C82
SCHEDULE 6 TO THE DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO6 BAYSWATER MAJOR ACTIVITY CENTRE
1.0
20/07/2006 C53
Design objectives To promote development that assists in consolidating the physical extent of the retail core. To provide increased opportunities in and around the retail core for higher density development. To increase building scale without compromising views to the Dandenong Ranges. To intensify built form in the centre by filling empty sites, capitalising on key intersection sites and creating improved interfaces. To ensure that development acknowledges and responds to the context and physical characteristics of the centre, particularly by reinforcing its unique hillside setting. To improve pedestrian connectivity. To improve pedestrian amenity. To encourage innovative, high quality architecture and streetscape design that incorporates principles of Ecologically Sustainable Design, Crime Prevention Through Environmental Design and Water Sensitive Urban Design. To minimise the visual clutter of signage above verandahs. To promote the creation of new public spaces.
2.0
20/07/2006 C53
Buildings and works The following requirements apply: Building heights Height in storeys, excluding any basement, should not exceed the number of storeys shown on Map 1 to this Schedule. Any building that exceeds the number of storeys shown on Map 1 must:

Demonstrate that the design is of exceptional quality. Not create any additional impact on the amenity of adjoining residential areas. Preserve solar access to public space. Preserve key views to the Dandenong Ranges.
Views Development must be designed to ensure that public views to the Dandenong Ranges are protected for:
Key vantage points along Mountain Hwy (between Church Street and Railway Parade). Potential open space areas (in particular Penguin Park between High Street and Station Street) as indicated in Map 3 to this Schedule.
PAGE 1 OF 8
Development should be designed to take advantage of the views to the Dandenong Ranges.
Private open space High density residential development should incorporate private open space in the form of upper level terraces, balconies or roof decks. Commercial development should incorporate private or semi-public open space in order to capitalise on views to the Dandenong Ranges in the form of upper level terraces, balconies or roof decks. These structures may protrude into upper level setbacks, roads or public spaces where they will not increase overshadowing, result in unreasonable overlooking, present additional visual bulk or reduce opportunities for passive surveillance of public open space from upper levels.
Vegetation and landscaping Development within the Significant Ridgeline Area, indicated on Map 3 to this Schedule, must be designed to recognise and protect the strong canopy tree setting by:

Minimising the loss of canopy trees. Planting new canopy trees and understorey vegetation.
Front building setbacks along Mountain Highway outside the retail core should be between 3 and 5 metres to provide space for clean trunk canopy trees and landscaping while ensuring that buildings are close enough to the frontage to provide passive surveillance opportunities. Landscape design should implement Water Sensitive Urban Design techniques to increase opportunities for groundwater recharge, decrease outputs of stormwater into the local drainage system through reuse on site, and increase filtration and purification of runoff before it leaves the site.
Streetscape design Development must address all street frontages to enhance the pedestrian amenity and character of the centre by maintaining a moderate scale at the pedestrian interface (up to 2 levels with further levels set back). Development in the retail core, as indicated in Map 2 to this Schedule, and adjoining principle pedestrian routes, should be built to front property boundaries at ground level unless public open space or pedestrian access is to be provided within this setback. Development must not unreasonably overshadow existing residential development or proposed or existing public open space. Development must be scaled down in height towards rear property boundaries to avoid imposing visual bulk and overlooking adjoining land. At the interface between medium density residential or commercial/office development, high density development must be designed to:

Avoid imposing visual bulk. Minimise overshadowing of adjoining land and proposed and existing public open space. Minimise overlooking of residential development and private open space. Provide a landscape buffer between high density development and adjoining lower scale (1-2 storeys) areas, as indicated on Map 1 to this Schedule. Be scaled down in height towards lower scale (1-2 storeys) areas.
PAGE 2 OF 8
Development within the retail core, as indicated in Map 2 to this Schedule, must incorporate continuous verandahs or awnings onto public areas to provide shelter and improved amenity for pedestrians. Development along key pedestrian routes (as indicated in Map 2 to this Schedule), particularly within the retail core, must provide active frontages to this space to improve pedestrian amenity, safety and the vibrancy of the area. Active frontages should incorporate techniques to improve opportunities for views between public and private areas, such as glazing, small or no setbacks from street frontages and careful landscaping to avoid obscuring views. Active frontages should avoid the use of blank walls, window coverings, signage that obscures views in and out of the development, reflective, tinted or obscured glazing, setbacks from street frontages and vegetation which obscures visibility between 0.5 metres and 1.5 metres in height. Development must contribute to the protection, comfort and enjoyment of users of public spaces by, as appropriate:

Providing verandahs or awnings. Maintaining solar access to public space. Providing protection from wind, rain, noise and pollution. Activating frontages. Providing passive surveillance opportunities from upper levels. Providing street furniture. Providing adequate lighting. Providing landscaping. Providing safe pedestrian networks. Providing high quality paving. Providing access to views. Minimising the impact of building bulk on the street level.
Development must have regard to its interface with public spaces and pedestrian routes by:
Providing quality elevations, surface treatments, landscaping and appropriate levels/grades. Maintaining views. Providing shelter. Providing street furniture. Providing opportunities for street trading or dining. Reducing the impact of rubbish bins and bin storage facilities on the streetscape.
Accessibility Development with public car parks at the rear should provide active frontages onto this space and provide for pedestrian movement through shops. Development should provide for pedestrian access in areas indicated for future pedestrian access shown in Map 2 to this Schedule. New development must not prevent future pedestrian access through these areas.
PAGE 3 OF 8
Development should encourage increased use of alternative modes of transport (e.g. public transport, cycling, walking and car pooling). Development should provide bike paths in locations indicated in Map 2 to this Schedule. Development, particularly adjoining the Major Pedestrian Circulation routes indicated in Map 2 to this Schedule, should respond to the sloping topography of the area and level differences in the provision of pedestrian access and ensure that pedestrian areas in streets and public open spaces are accessible to people with disabilities.
3.0
20/07/2006 C53
Subdivision Subdivision that further fragments land without activating frontages and achieving built form in accordance with Map 1 to this Schedule is discouraged.
4.0
20/07/2006 C53
Advertising signs In addition to the requirements at Clause 52.05 and the requirements of the zone, signage should: Be located below verandahs. This signage should be limited to one suspended (perpendicular) sign per frontage. Avoid displaying animated signs, sky signs, major promotion signs, inflatable signs and pole signs. Reduce signage clutter by using fewer, more effective signs that are in scale and proportion with the building. Minimise signage above verandahs or at upper levels. Any such signage:
Should be flush with the faade and should not dominate the building, extend beyond the faade, or obscure building detail or upper level windows. Should not project outwards from a building (either perpendicular or at an angle to the faade). Any signage projecting from a building must have a vertical orientation and be perpendicular to the faade to minimise projection. Should be limited to advertising the business name.
Avoid restricting or detracting from key views to the Dandenong Ranges. Avoid using signage on windows that obscures views on and off the premises. Avoid displaying signage where it would dominate a residential building or street, or views from a residential area.
5.0
20/08/2009 C82
Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: The impact of the proposed development on key views of the Dandenong Ranges from within the activity centre. Whether the proposed development incorporates appropriate measures to increase its ecological sustainability. Whether the proposed development incorporates principles of Crime Prevention Through Environmental Design.
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The extent of any increase in impermeable surfaces in the activity centre and surrounds, and whether the effects of this increase are mitigated through the application of Water Sensitive Urban Design principles. Whether the proposed development will enhance existing pedestrian links or facilitate new pedestrian links. Whether the proposed development incorporates adequate building articulation, particularly whether third levels and above are stepped back from lower levels to reduce their impact on adjoining land and the streetscape. Whether the scale, bulk, design and height of the proposed development makes a positive contribution to the area. Whether the proposed development maintains a human scale of development at street level. Whether the proposed development would minimise overshadowing of public space or residential land. Whether the proposed development would minimise overlooking private residential land. Whether the proposed development would minimise the impact of wind speeds in the public realm. Whether any proposed development within the Significant Ridgeline Area would result in the loss of vegetation, in particular canopy trees, and whether new vegetation, including canopy trees, is incorporated into the development. Whether the proposal would contribute to the physical consolidation of the retail core.
References Bayswater 2020: The Bayswater Activity Centre Structure Plan, Knox City Council, May 2005. Expiry This Schedule expires on 31 January 2010.
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Map 1 to Schedule 6 to the Design and Development Overlay
BUILT FORM
PAGE 6 OF 8
Map 2 to Schedule 6 to the Design and Development Overlay ACCESSIBILITY & RETAIL CORE
PAGE 7 OF 8
Map 3 to Schedule 6 to the Design and Development Overlay PUBLIC SPACES & LANDSCAPE
PAGE 8 OF 8
43.03
19/01/2006 VC37
INCORPORATED PLAN OVERLAY Shown on the planning scheme map as IPO with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas which require: The form and conditions of future use and development to be shown on an incorporated plan before a permit can be granted to use or develop the land. A planning scheme amendment before the incorporated plan can be changed. To exempt an application from notice and review if it is generally in accordance with an incorporated plan.
43.03-1
19/01/2006 VC37
Requirement before a permit is granted A permit must not be granted to use or subdivide land, construct a building or construct or carry out works until an incorporated plan has been incorporated into this scheme. This does not apply if a schedule to this overlay specifically states that a permit may be granted before an incorporated plan has been incorporated into this scheme. A permit granted must: Be generally in accordance with the incorporated plan, unless a schedule to this overlay specifies otherwise. Include any conditions or requirements specified in a schedule to this overlay.
43.03-2
19/01/2006 VC37
Exemption from notice and review An application under any provision of this scheme which is generally in accordance with the incorporated plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application under any provision of this scheme which is not generally in accordance with the incorporated plan, in addition to the decision guidelines in Clause 65, the responsible authority must consider: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The incorporated plan. Any other matters specified in a schedule to this overlay.
43.03-3
19/01/2006 VC37
43.03-4
09/10/2006 VC42
Preparation of the incorporated plan The incorporated plan may consist of plans or other documents and may, with the agreement of the planning authority, be prepared and implemented in stages.
INCORPORATED PLAN OVERLAY
PAGE 1 OF 2
An incorporated plan that provides for residential subdivision in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone, Township Zone, Comprehensive Development Zone and Priority Development Zone must meet the requirements of Clause 56 as specified in the zone. The incorporated plan must describe: The land to which the plan applies. The proposed use and development of each part of the land. Any other requirements specified for the plan in a schedule to this overlay.
Notes:
INCORPORATED PLAN OVERLAY
PAGE 2 OF 2
19/01/2006 VC37
SCHEDULE 1 TO THE INCORPORATED PLAN OVERLAY Shown on the planning scheme map as IPO1. Boronia Civic & Retail Precinct Concept Plan, Drawing Nos. R1, R2 and R3, prepared by Bruce Henderson Pty Ltd, October 1998
1.0
19/01/2006 VC37
Permits not generally in accordance with incorporated plan A permit may be granted which is not generally in accordance with the incorporated plan.
2.0
19/01/2006 VC37
Conditions and requirements for permits A permit granted must include the following conditions, as appropriate to the application: A development plan must be prepared to the satisfaction of the responsible authority showing: The main road access details in accordance with the requirements of the Roads Corporation. The location, height, external finishes, dimensions and floor area of all buildings and works. The generalised patterns of uses within the building and works. The location and layout of all car parking areas and access to and from them and pedestrian ways. The relationship of the development with that on adjoining lands. The location of and access to public transport facilities. The stages (if any) in which the land is proposed to be developed. Colours and details of materials to be used for external walls. Provision for unloading and loading of vehicles including the location of rubbish storage and removal facilities and the screening of these facilities. Detailing of the western facade of the supermarket/loading dock building to include decorative features (eg mouldings, indentations, architectural features, textured surfaces and colour) to enhance the appearance of the building from Erica Avenue. Streetscape treatment to the access lane along the north of the supermarket building to enhance pedestrian amenity and use. A landscape plan must be prepared to the satisfaction of the responsible authority showing: The location, layout and planting schedule for all landscaped areas. Provision of a landscape strip along the Erica Avenue frontage with planting to achieve screening of the lower edge of the supermarket/loading dock building and improve pedestrian access and amenity. The hours of use of the loading bay/dock on the western side of the supermarket by heavy delivery vehicles (articulated and otherwise) must be as follows: Prohibited during the periods 8.00am 9.30am and 4.00pm 6.00pm Monday to Saturday (inclusive).
INCORPORATED PLAN OVERLAY - SCHEDULE 1
PAGE 1 OF 2
Permitted between the periods 9.30am 4.00pm Monday to Saturday (inclusive). This is to ensure that the manoeuvring of such vehicles does not disrupt the flow and passage of other vehicles using Erica Avenue. Unrestricted during all other periods. These conditions may be varied at the request of the owner of the land and with the approval of the responsible authority after prior consultation with adjacent land owners. 3.0
19/01/2006 VC37
Decision guidelines Before deciding on an application, the responsible authority must consider: The impact of the storage and collection of rubbish on the operation, hygiene and appearance of Erica Avenue.
INCORPORATED PLAN OVERLAY - SCHEDULE 1
PAGE 2 OF 2
43.04
21/09/2009 VC60
DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO with a number.
Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. To exempt an application from notice and review if it is generally in accordance with a development plan. 43.04-1
19/01/2006 VC37
Requirement before a permit is granted A permit must not be granted to use or subdivide land, construct a building or construct or carry out works until a development plan has been prepared to the satisfaction of the responsible authority. This does not apply if a schedule to this overlay specifically states that a permit may be granted before a development plan has been prepared to the satisfaction of the responsible authority. A permit granted must:

Be generally in accordance with the development plan. Include any conditions or requirements specified in a schedule to this overlay.
43.04-2
21/09/2009 VC60
Exemption from notice and review An application under any provision of this scheme which is generally in accordance with the development plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Preparation of the development plan The development plan may consist of plans or other documents and may, with the agreement of the responsible authority, be prepared and implemented in stages. A development plan that provides for residential subdivision in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone, Township Zone, Comprehensive Development Zone and Priority Development Zone must meet the requirements of Clause 56 as specified in the zone. The development plan must describe:

43.04-3
09/10/2006 VC42
The land to which the plan applies. The proposed use and development of each part of the land. Any other requirements specified for the plan in a schedule to this overlay.
The development plan may be amended to the satisfaction of the responsible authority.
DEVELOPMENT PLAN OVERLAY
PAGE 1 OF 2
Notes:
DEVELOPMENT PLAN OVERLAY
PAGE 2 OF 2
20/03/2008 C67
SCHEDULE 1 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO1 STUD PARK SHOPPING CENTRE
1.0
20/03/2008 C67
Requirements for development plan The development plan must show: The layout of all buildings and works. Associated landscaping, with particular emphasis on the interface with Stud Road and the manner in which landscape management will be implemented. Car parking and loading areas. Access within and to and from the site, including pedestrian, cycle and motor vehicle access. Elevations. Provision for car parking in the ratio of at least 6 spaces to each 100 square metres of leasable floor area used for the purpose of shop (other than restricted retail premises), or to the satisfaction of the Responsible Authority. Any proposed reduction or waiving of this requirement for the Stud Park Shopping Centre land at 1101 (Lot 1) Stud Road, Rowville must be justified by an Integrated Transport Plan that addresses the following principles for integrated transport, as appropriate: All works to comply with the intent of the Disability Discrimination Act. Pedestrian and bicycle access should be designed to encourage the use of walking, cycling and public transport, including addressing the needs of those with limited mobility and including improved connections from the Community Centre, schools and from Fulham and Stud Roads. Car parking is provided to improve accessibility to the centre, including provision of parking for people with special needs. The development should contribute to improving public transport connections between the site and the network of other activity centres and key destinations in the region and improving the attractiveness of using public transport. Sufficient space should be provided for the provision of an integrated transport interchange, in partnership with the relevant authorities, considering the requirement for 8 bus bays, access needs for public transport vehicles, and the need to avoid conflict between services and private transport. Establish allocation for any alterations to Fulham Road, such as road widening, as a result of the ultimate development of the Stud Park Shopping Centre prior to any development of the land fronting Fulham Road, to ensure that the amenity of this location is not compromised. Providing car parking areas that are well located and provide adequate short and longer term parking to enable safe, secure and convenient access to key components of the centre, including provision for those with limited mobility. These shall include pedestrian entry/exits from the car park areas directly to Main Street and the outdoor public space system.
DEVELOPMENT PLAN OVERLAY - SCHEDULE 1
PAGE 1 OF 2
The environmental factors (e.g. noise and pollution) of access and egress needs should be mitigated, particularly from service vehicles, freight and commercial delivery vehicles. Provide dedicated access for walkers (and cyclists where appropriate) between the site and public transport stops and separated pedestrian and cycle links, where possible, to reduce risk factors for pedestrians and people with disabilities. Minimise the conflicts between service vehicles, freight and commercial delivery vehicles. Appropriate signage shall be provided at all entrances and throughout parking areas indicating continuous accessible paths of travel for all users, as well as the location of designated accessible parking bays and overhead clearance available to and at these bays. Provision of weather protected public spaces and external pedestrian links. A major public transport interchange on site that includes storage for bicycles designed to meet current and future needs.
PAGE 2 OF 2
19/01/2006 VC37
SCHEDULE 2 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO2 KNOX CITY/TOWERPOINT SHOPPING CENTRE
1.0
19/01/2006 VC37
Requirement before a permit is granted A permit may be granted before a development plan has been prepared to the satisfaction of the responsible authority if the proposal will not result in the leasable floor area for shop exceeding 86,500 square metres.
2.0
19/01/2006 VC37
Conditions and requirements for permits A permit granted must provide for: Traffic and car parking Traffic management and traffic control works considered necessary, in adjoining or nearby roads, as a result of the proposed development or the stage of the development shown on the development plan. The completion of traffic works in phase with the staging of buildings and works. The location of the bus interchange. Car parking in the ratio of 6.6 spaces to each 100 square metres of leasable floor area for a shop (other than restricted retail premises) and 1.5 to 3.5 spaces to each 100 square metres of leasable floor area (as required by the responsible authority) for other uses. The responsible authority may reduce or waive these requirements. The provision of 1,690 car parking spaces for Towerpoint is satisfactory for the use of all buildings existing on the Towerpoint site as at 1 August 1997 in accordance with Plan Ref. No 97/293 dated August 1997. Management General amenity provisions. Operational matters relating to such things as control of nuisance, waste collection, vehicle loading and unloading times, management and maintenance of car parking areas and trolley control. Landscaping Landscaped buffer strips along the boundaries of the land. The location, layout and planting details of landscaped areas.
3.0
19/01/2006 VC37
Requirements for development plan The development plan must provide for: A three-dimensional building envelope showing RL levels.
PAGE 1 OF 2
Building setbacks from the boundaries of the land. Appropriate landscape buffer strips along the Stud Road and Burwood Highway boundaries and interfaces with residential areas. Vehicle access to and from the land. The development plan may only be amended with the consent of the owners of the land.
PAGE 2 OF 2
19/01/2006 VC37
SCHEDULE 3 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO3.
1.0
19/01/2006 VC37
Conditions and requirements for permits A permit granted must include the following conditions, as appropriate to the application: A Section 173 agreement under the Act must be entered into between the responsible authority, the owners of the land and Melbourne Water to have a reticulated water supply available to all lots. A Section 173 agreement under the Act must be entered into between the responsible authority and the owners of the land to provide for traffic management works on Kelletts Road to be carried out at the cost of the owners of the land.
PAGE 1 OF 1
07/05/2009 C66
SCHEDULE 4 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO4 WELLINGTON VILLAGE SHOPPING CENTRE
1.0
19/01/2006 VC37
Conditions and requirements for permits The following requirements apply to all permits: Traffic and car parking Construction and signalisation of the intersection of Wellington Road with Silkwood Way to the satisfaction of the responsible authority and the Roads Corporation before any floor area part of the development is used. Construction of Yvette Drive connection to the satisfaction of the responsible authority before any floor area part of the development is used. An appropriate treatment of the Gearon Avenue/Wellington Road intersection and provision for restriction of access to Gearon Avenue following duplication of Wellington Road to allow left in/left out only. Construction of a footpath along the west side of Gearon Avenue for the length of the shopping centre frontage. Traffic management and traffic control works considered necessary, in adjoining or nearby roads, as a result of the proposed development. The completion of traffic works and provision of car parking in phase with the staging of buildings and works. Management General amenity provisions. Provision of a management plan implementing construction and operational matters relating to such things as control of hours of operation, noise, lighting, deliveries, security, waste collection, vehicle loading and unloading times, management and maintenance of landscaping and car parking areas (including provision of emergency egress) and trolley control. Prior to approval of the management plan, notice of the proposed plan must be provided to all potentially affected land owners and occupiers with an opportunity to comment upon the plan within a minimum of 14 days. Implementation of the management plan in conjunction with a Section 173 agreement confining advertising on the shopping centre buildings to locations nominated for each tenancy. Except for a sign above the main entry canopy, signs must not be located on or above the roof of the building unless they are integrated with an element of the building structure. Signs on the louvre structure must be integrated with that structure and must be located at the north-east and north-west corners of the main shopping centre building. Landscaping Landscaped buffer strips along the boundaries of the land. The location, layout and planting details of landscaped areas.
DEVELOPMENT PLAN OVERLAY SCHEDULE 4
PAGE 1 OF 2
Flooding Construction of drainage works within the drainage easement located at the northwestern corner of the site at the developers cost, to the satisfaction of Melbourne Water, prior to commencement of use of that land. 2.0
07/05/2009 C66
Requirements for Development Plan The development plan must incorporate: The location of all buildings and works. The size, layout and elevations of all buildings. A total of not less than 380 car parking spaces. The layout of car parking and loading areas. All accessways and loading bays. Road, footpath and bikepath/shared pathway and open space connections with the surrounding area. Landscape details, including the buffer areas adjoining a Residential 1 Zone. Urban design aspects of the development explained in a word picture. The staging of development. Pedestrian safety and personal safety in accordance with the Crime Prevention Through Environmental Design Principles to include elements such as adequate lighting and passive surveillance.
DEVELOPMENT PLAN OVERLAY SCHEDULE 4
PAGE 2 OF 2
19/01/2006 VC37
SCHEDULE 5 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO5
1.0
19/01/2006 VC37
Conditions and Requirements for Permits The following requirements apply to all permits: Any requirement of an Environmental Management Plan must be met. A plan showing how the proposal integrates with surrounding development and implements the objectives of the development plan must be prepared to the satisfaction of the responsible authority. A habitat buffer at least 40m wide on the south side of the Monbulk Creek must be created by fencing the area with a 1.5-2 metre high mesh fence at its perimeter and a second rural type post and wire fence within 2-3 metres from the top of the stream bank, prior to commencement of development. A landscape plan must be prepared and implemented to the satisfaction of the responsible authority. Melbourne Water approval must be obtained if the landscaping occurs in the floodway area. The following additional requirements apply to permits for subdivision: An agreement under Section 173 of the Act must be entered into requiring a developer contribution either in kind or payment in lieu for particular community infrastructure needs identified in the community infrastructure needs investigation. The developer must pay a Melbourne Water drainage levy. The developer must prepare a landscape plan for road reserves and implement the landscape works prior to a Statement of Compliance being issued for the land.
2.0
19/01/2006 VC37
Requirements for Development Plan The development plan must incorporate: An Environmental Management Plan prepared in consultation with Melbourne Water. The Environmental Management Plan must address the following issues: Potential risks to the environment and measures to minimise these risks. Best Practice Environmental Management Guidelines to be followed in the design of on-site collection and treatment of stormwater to ensure water quality and prevent erosion of the creek. Landscaping for open space areas in the floodway area. Incorporation of litter traps where appropriate. Use of signs to show that the habitat buffer area is a conservation area. Restricting entry to the habitat buffer to only those undertaking works approved in the buffer area. Use of EPA recommended run-off and silt control methods to ensure that all runoff is collected and treated on site prior to discharging to the creek system to remove silt and reduce erosion of the creek. Measures to prevent littering and disposal of waste on the site or in the creek. Measures to monitor the integrity of the habitat buffer fence.
PAGE 1 OF 4
Provision of information to residents to ensure best practice methods are used in construction of individual dwellings, and to ensure the need to protect the creek area is recognised. A community infrastructure needs investigation. Protection and improvement of the Monbulk Creek and floodplain in terms of water quality and habitat value. To achieve this objective, the development plan must incorporate the following requirements: Creation of a habitat buffer at least 40m wide on the south side of the Monbulk Creek to protect and enhance the habitat of the platypus. This buffer is to be augmented where possible by a public reserve or road along the southern boundary. Access to the habitat buffer by the public is to be generally unavailable and the area is to be fenced to prevent access by cats, dogs and foxes. Restoration of the platypus habitat within the habitat buffer. Best practice treatment of urban stormwater to ensure that it does not pollute or erode the creek system. Location of stormwater treatment facilities outside the platypus habitat buffer to minimise disturbance of the buffer. Peak urban stormwater flows should be controlled by multiple small storages rather than big retarding basins. Creation of wetland habitat in association with urban stormwater treatment. Measures to ensure that litter does not enter the creek. Best practice methods to protect the creek from impacts from construction activities. A stream restoration and monitoring program which is part of an overall stream management approach for the Monbulk/Corhanwarrabul Creek. This program is to include the development by Melbourne Water of a meandering stream north of the existing Monbulk Creek waterway. The existing waterway is to remain in use until the new waterway is fully formed and the vegetation is established. Limit crossings of the platypus habitat of the creek to minimise impacts on the platypus and its habitat. Protection of the floodway function of the Monbulk Creek. To achieve this objective, the development plan must incorporate the following requirements: Confine the development area (area to be filled for development) within the boundary identified by Melbourne Water unless further detailed planning and modeling in conjunction with Melbourne Water demonstrates that minor modifications can be made. Provide a sufficient area for the passage and retardation of stormwater. Define the floodway area to protect personal and property safety relating to existing and future development. Uses of the floodway area should not obstruct the drainage function of the floodway. Preferred uses are stormwater treatment facilities for the residential development, urban floodway works and public recreation. Planting and fencing within the floodplain to be designed with the primary function of flood passage taken into account, eg fencing may need to incorporate breakaway panels. Extension of the regional bicycle/pedestrian path network and opportunities for open space and recreation along the Monbulk Creek. To achieve this objective, the development plan must incorporate the following requirements:
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Provision of a bike/pedestrian trail within and/or adjacent to public open space through the area linking with the Ferny Creek trail to the north west, a link to Ormonde Road and providing the opportunity to link to Napoleon Road/Lysterfield Valley to the east. The trail may include on-road linkages as appropriate. Provision for easy access to the trail from both the north and south sides of Monbulk Creek. Provision for safe crossing of the creek for the trail. Maximise the recreational opportunities in and adjoining the floodway area (habitat buffer area excluded) providing for both passive recreation in a natural environment and, where appropriate, an area for active recreation. An efficient road network with appropriate links to the surrounding road network. To achieve this objective, the development plan must incorporate the following requirements: A local road network for development to both the north and south of the Creek which is highly connective, safe and legible. Provision of a clear local east-west connection in the southern part of the land. Provision of roads alongside open space areas to enable residential development to front onto the open space to both capitalise on views of the open space and increase casual surveillance of open space. Ensure Blackwood Park Road is developed appropriately in accordance with its local street status. Provision for appropriate infrastructure. To achieve this objective, the development plan must incorporate the following requirements: Development is to be provided with reticulated water, sewerage, gas, electricity and telecommunications. Cabling is to be underground to provide a high level of visual amenity. Blackwood Park Road is to be upgraded as necessary to accommodate additional traffic from development in the development plan area. Provision of appropriate stormwater flow paths throughout subdivisions. On-site stormwater retention facilities are to be integrated with the open space network and provide high quality wetland habitat. Provision of infrastructure appropriate to the recreational use of open space areas, eg seating, signage and all-weather walking tracks. Provision of access to useable public open space within 300m of all dwellings. Encouragement of design which reinforces and contributes positively to the character of the Monbulk Creek open space corridor and surrounding residential development. To achieve this objective, the development plan must incorporate the following requirements: Align as much as possible, lot boundaries with the existing lot boundaries of the abutting residential properties to the north, to minimise multiple lots at the rear of individual properties. The total number of lots abutting the northern boundary should not exceed the total number of existing residential lots currently abutting this boundary. Built form on lots abutting residential properties to the north should be appropriately set back and proportioned to minimise visual bulk impact and provide an amenity buffer to the existing residential properties.
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Fronting housing onto open space to avoid a wall of rear fences. Planting of the floodway area with indigenous plants to promote a green corridor and enhance habitat. Fronting housing onto Blackwood Park Road where possible. Local roads are to be landscaped so as to integrate development visually with the open space, eg by using indigenous street trees at the residential/open space interface. Using landscaping on the residential side of the platypus habitat buffer zone fences to soften the appearance of the fencing. Encouragement of design which promotes personal safety. To achieve this objective, the development plan must incorporate the following requirements: Open space should be fronted by a street which provides frontage (and vehicle access) to housing lots. Where possible, housing should front collector roads. Buildings should be designed to overlook public spaces. Provision should be made for safe pedestrian and bicycle crossing of the Monbulk Creek and collector/main roads. Blackwood Park Road should be widened sufficiently to provide a shared pedestrian/cycle path.
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22/05/2008 C73
SCHEDULE 6 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO6 Scoresby-Rowville Employment Precinct Before a development plan is approved a permit may be granted if it is demonstrated that all relevant provisions and permit conditions of this schedule and the planning scheme are met.
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Requirement before a permit is granted
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Conditions and requirements for permits A permit granted must include conditions or requirements as appropriate for: The provision of infrastructure to the satisfaction of the Responsible Authority. The maintenance of all landscaping, buildings and works to the satisfaction of the Responsible Authority. Any requirement of an Environmental Management Plan approved by the Responsible Authority and Melbourne Water are to be met within an agreed timeframe. Any requirement of a Transport Plan approved by the Department of Infrastructure, Roads Corporation and the Responsible Authority are to be met within an agreed timeframe. An agreement between the owner of the relevant land and the Responsible Authority under Section 173 of Act regarding the provision of public access to the areas surrounding Lake Caribbean and Corhanwarrabul Creek. An agreement between the owner of the relevant land, Knox City Council and Melbourne Water under Section 173 of the Act regarding the sharing of costs for works undertaken as part of the rehabilitation of Corhanwarrabul Creek. The provision of services or facilities in accordance with an agreement under Section 173 of the Act. A public open space contribution pursuant to the Subdivision Act 1988.
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Requirements for development plan The development plan must show and/or contain the following as appropriate: Staging Details of proposed staging and anticipated timing of development. Details of the extent of the land to be covered by the development plan. Lot size and layout An indicative lot layout for the site showing: The size and dimension of lots.
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The location of vehicle crossings. An explanatory statement illustrating the demand for the range of lots provided. Land use Details of indicative locations and total areas (m) for all proposed land uses. This should include: A Neighbourhood Activity Centre sited centrally within the Employment Precinct adjacent to Lake Caribbean, with uses that service the needs of employees and businesses within the Employment Precinct. Amenity General amenity provisions including noise control, air pollution and water quality treatment facilities and external lighting effects. Landscaping/Open Space An indicative landscape plan should be prepared showing: Landscaping should reflect the examples of high standards set by established development within the Precinct. Links to any adjoining public open space areas of environmental significance and waterways outside of the Development Plan Overlay area. Provision of public promenades around Lake Caribbean. Provision of adequate vegetated buffer strips are provided to open space areas, areas of environmental significance, and Lake Caribbean, where necessary. A creek rehabilitation plan. Provision of landscaped buffer strips along the boundaries of the land. The location of landscaped areas. Details of any landscape themes for any particular areas within the Precinct. Plant species used in landscaped areas near Corhanwarrabul Creek should not include any weed species specified in an environmental management plan. High quality landscape treatments should be provided on road frontages (including road sideages) of the development. The edges of access-ways should be landscaped to soften the appearance of paved surfaces. Where required, additional trees should be provided on the nature strip of adjoining road reserves. Where retaining walls are required landscaping should be incorporated into the retaining wall design. Landscape buffers of sufficient dimension should be provided along the western boundary of the Precinct to assist in screening buildings when viewed from Dandenong Valley Parklands and along Corhanwarrabul Creek. Existing significant vegetation should be retained where possible. Consideration has been given to the relationship to and possible impacts on adjoining areas of environment significance.
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Buildings and works The indicative locations and heights of proposed buildings and works including any proposed landmarks The location and layout of all open space and provision for associated landscaping. The relationship of the development to that on adjoining land. Details of drainage Adequate provision for the protection and enhancement of natural features such as waterways and trees. The location of all underground and above ground services to new development. Heritage For Stamford Park and properties adjoining Stamford Park House and its surrounding gardens, the development plan should include details of how the open pastoral setting of the House and gardens, and principal heritage views from the House will be maintained and enhanced. In particular the development plan must observe the following view corridor and development constraints: Within the restricted view corridor (Figure 1) development of the triangle of land marked A shall be limited to low level landscape works only. Within the restricted view corridor (Figure 1) development of the strip of land marked B shall have a height setback relationship of 1.0 metre (height) : 2.0 metre (setback) as measured from the existing title boundaries with Stamford Park or the north-eastern boundary to Area A, as relevant. All heights shall be taken from natural ground level. The maximum building height, including architectural features, within the broader view corridor (Figure 1) shall be 9.0 metres as measured from natural ground level. In addition, the development plan should generally provide for: Buildings to be sited to ensure that principal views from the House within the restricted and broader view corridor are maintained. Buildings to be of a compatible scale to the House and with building bulk minimised through the articulation of walls and roofs and other appropriate design devices. Frontages and entrances to buildings in the immediate vicinity of the House to be orientated towards the House or the area between the buildings and the House to be landscaped and fenced in a manner which responds to the existing Stamford Park garden/landscape. Appropriate design techniques to be used to screen roads, buildings and car parking areas which are located in the vicinity of the boundary to the House and garden. Details of the treatment of the boundary setbacks for new development in the vicinity of the House and garden, including details of landscaping, roads and fencing treatments. Transport Plan The development plan must include a Transport Plan prepared in consultation with and to the satisfaction of the Department of Infrastructure, Roads Corporation and the Responsible Authority (the Transport Plan). The Transport Plan may be amended subject to the approval of the Department of Infrastructure, Roads Corporation and the
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Responsible Authority. The Transport Plan should take account of all transport modes and include an indicative public transport, road, bicycle and pedestrian network and car parking plan showing: Convenient internal and external access for employees and visitors. Roads that are capable of servicing the needs of the area, including a potential future crossing of Corhanwarrabul Creek either east to Stud Road or South to Wellington Road. Provision of access to the existing road network. Provision of adequate pedestrian and cycle ways and accommodation for potential public transport routes and stops. Adequate car, motorcycle and bicycle parking for employees and visitors. Integration with the Principal Public Transport Network and a statement explaining how it will assist in achieving the State Government objective of increasing public transport usage by 20 percent by the year 2020. The location of an off road bicycle path linking the existing bicycle path on the eastern side of Stud Road to the proposed Dandenong Valley Parklands on the western side of the proposed Scoresby Freeway as indicated in the Linking People and Spaces A strategy for Melbournes open space network, prepared by prepared by Parks Victoria, 2002. Details of the apportionment of costs of upgrading intersections with the external road network and/or the future internal road network, including a potential crossing of Corhanwarrabul Creek either east to Stud Road or south to Wellington Road. Integration with the Principal Public Transport Network. The Transport Plan must include the following principles: Access to be generally limited to major intersecting roads or via service. Maintain similar operating conditions on adjacent arterial roads an at intersections relative to existing conditions. An internal road network needs to be provided to ensure a balance of distribution of traffic to the arterial road network. Additional access locations should provide safe access and aim to minimise the number of conflict points. Clearly identified land use development triggers for staging of traffic works that ensure compliance with the above principles. The Transport Plan must demonstrate that the principles relating to access to the abutting arterial road network and within the local road network (as appropriate) have been addressed giving consideration to the following: Existing traffic volumes. Design traffic volumes including details regarding traffic generations, directional distribution and likely traffic growth. Capacity analysis at each point of access including information that after operating conditions are similar to existing conditions. The location and layout at proposed points of access and feasibility of proposed works. The location, frequency and capacity of existing and committed public transport services adjacent to and within the Employment Precinct. All road network and intersection upgrading required to satisfy the relevant principles above to be at the cost of the relevant land owner/developer/authority, where the cost
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apportionment takes account of both need to mitigate the impacts of the proposed development, which should be borne by the developer, and the broader community benefits, which should be apportioned on the basis of projected share of beneficial usage. Environmental Management Plan The development plan must include a planning, construction and operation environmental management plan (the Environmental Management Plan). It should be prepared in consultation with and to the requirements of Melbourne Water and to the satisfaction of the responsible authority. The Environmental Management Plan may be amended to the satisfaction of the responsible authority and Melbourne Water. The following key objectives are to be met within the Environmental Management Plan: Planning stage
Air Emissions To ensure that there is no health risk or loss of amenity due to emission of dust and exhaust gases to the environment. Habitat Management and Landscape Strategy To ensure that disturbance to native flora is minimised and any lost flora habitat is replaced. To ensure that important riparian zones are integrated into the surrounding area to the benefit of the wider community. To ensure that Platypus habitat is protected and enhanced where appropriate. To ensure that appropriate consistent landscaping is carried out in identified areas of environmental significance. Fauna To ensure that disturbance to fauna habitat is minimised and enhanced and that the potential for exotic fauna species to be introduced to the Precinct is minimised through appropriate measures. Hydraulics and Hydrology To protect and improve the floodplain, water quality and habitat value of Corhanwarrabul Creek and Lake Caribbean. To maintain and protect the AEP floodplain storage and 1in 100YR ARI floodway value of Corhanwarrabul Creek. To reduce the impacts of stream power increases upon Corhanwarrabul Creek Construction and operation stage
Air Emissions
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To ensure that there is no health risk or loss of amenity due to emission of dust and exhaust gases to the environment. Waste Minimisation and Disposal To ensure solid waste production during all stages of construction and operation including litter is minimised and disposed of, on and off-site in a responsible manner. Soil Erosion and Sediment Control To protect Corhanwarrabul Creek and aquatic communities from erosion product and sediment transport by minimising erosion of lands during works. Flora and Fauna To ensure that disturbance to native flora is minimised. To ensure that disturbance to fauna habitat is minimised and that the potential for exotic fauna species to be introduced to the Precinct is minimised through appropriate measures. To ensure that Platypus habitat is protected. Fire protection To minimise any risk to life, property, the natural environment and community infrastructure from fire. 4.0
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Decision Guidelines In considering the development plan, the responsible authority must consider: Whether the siting of public areas and the siting of buildings provide for views and vistas to open spaces, Lake Caribbean and/or the Dandenong Ranges. That adequate provision has been made for passive recreation areas set aside and designed for employees and/or other users including promenades around Lake Caribbean. Whether the land use, landscape plan, buildings and works, heritage design response, environmental management plan and transport plan components of the proposed development plan have satisfactorily met the requirements of this Schedule and the policy and objectives of the Scoresby-Rowville Employment Precinct. If the plan is not for the entire overlay area, the consistency of the plan and the intended stages within it (if any) with the development of other land within the overlay area, and the overall development of all land within the overlay area.
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Figure 1
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19/01/2006 VC37
SCHEDULE 7 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO7 LOT 10 HENDERSON ROAD, ROWVILLE
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Conditions and requirements for permits A permit granted must include the following conditions or requirements, as appropriate to the application: An agreement must be entered into between the owner of the land and the responsible authority under Section 173 of the Planning and Environment Act 1987 regarding the provision of public access to the connection of Henderson Road between Kelletts Road and the existing section of Henderson Road to the east of the property. Any requirement of an Environmental Management Plan must be met within an agreed timeframe. Infrastructure must be provided to the satisfaction of the responsible authority.
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Requirements for development plan The development plan must include or comprise: Staging Details of proposed staging and anticipated timing of development. Details of the extent of the land to be covered by the development plan. Lot size and layout An indicative lot layout for the site showing: The size and dimensions of lots, with lot frontages facing Corhanwarrabul Creek where appropriate. A minimum 20 metre vegetated buffer distance between Corhanwarrabul Creek and the boundary of development. The location of vehicle crossings. An explanatory statement describing the demand for the range of lots provided. Road and pedestrian network An indicative Road and Pedestrian Network Plan showing: The location and dimensions of the Henderson Road extension, that considers existing and future traffic needs. The location of any road access points from other proposed or existing roads. Provision of adequate pedestrian paths.
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Accommodation for potential public transport routes and stops on the Henderson Road extension. Environmental management An Environmental Management Plan prepared in consultation with and to the requirements of Melbourne Water. The Environmental Management Plan must include: Waste minimisation and disposal provisions to ensure that solid waste production during all stages of development including litter is minimised, securely contained and disposed of, on and off-site in a responsible manner. Habitat management and landscape provisions to ensure that: Disturbance to native flora is minimised and any lost flora habitat is replaced. There is no access to riparian zones during works, no reduction or disturbance of riparian zones and important riparian zones are integrated into an overall landscape strategy for the site to the benefit of the wider community (advice should be sought from Council or Melbourne Water in relation to desirable vegetation species to be included within the landscape strategy). Platypus habitat is protected and enhanced where appropriate. Appropriate consistent landscaping is carried out in identified areas of environmental significance. Soil erosion and sediment control provisions to protect Corhanwarrabul Creek and aquatic communities from erosion product and sediment transport by minimising erosion of lands during works. Hydraulics and hydrology provisions to: Protect and improve the floodplain, water quality and habitat value of Corhanwarrabul Creek (measures used should include the installation of a perimeter fence to protect the waterway prior to the commencement of works). Maintain and protect the floodway value of Corhanwarrabul Creek. Reduce the impacts of stream power increases upon Corhanwarrabul Creek.
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08/05/2008 C55
SCHEDULE 8 TO THE DEVELOPMENT PLAN OVERLAY Shown on the planning scheme map as DPO8 REDEVELOPMENT OF AUSTRAL BRICKS SITE, 525 STUD ROAD, SCORESBY The purpose of this Schedule is to ensure development of the land occurs in the manner envisaged in the Austral Bricks Scoresby Urban Planning Guidelines, May 2007 and to require a range of detailed planning issues to be resolved prior to commencement of redevelopment of the land.
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08/05/2008 C55
Requirement before a permit is granted Prior to the granting of a permit an agreement between the owner of the land and the Responsible Authority under Section 173 of the Planning and Environment Act 1987 must be entered into to the satisfaction of the Responsible Authority which in addition to the usual machinery provisions must require that the owner provide for: Development contributions towards: the installation of traffic signals at the intersection of Stud Road and Mockridge Street, at no cost to the Responsible Authority; provision of open space, including but not limited to a 10m strip and pedestrian path at the frontage of Stud Road; and provision of financial resources towards establishment of a community facility by making a contribution of $125,000 payable to Council immediately upon the approval of a Development Plan. The amount must be indexed annually from June 2007 by reference to the ABS non-residential buildings construction index (ABS 4113) until it is paid. a geotechnical information report, including information about the fill and compaction of the land. Maintenance of wetlands and stormwater quality works, including the removal of sediment, for a period of two years after the completion of roadworks construction and in-ground infrastructure works. Preparation of a Wetlands Operation Plan, to the satisfaction of the Responsible Authority, prior to hand over to the public land manager of the ownership and management of stormwater infrastructure subsequent to the maintenance period. Arrangements for handover to the public land manager of the ownership and management of stormwater infrastructure subsequent to the maintenance period. Cessation of use of the mobile phone tower by December 22, 2014 and removal of the structure by June 22, 2015. Retention of a buffer between the mobile phone tower and residential lots within the development while use of the mobile phone tower continues. The buffer shall be defined by a detailed assessment undertaken by a suitably qualified person in accordance with the Telecommunications Code of Practice 1997. Preparation of an independent report to identify any redundant items, materials or features which can be salvaged, stored and used from the site within public open space (e.g. public art) that provides an interpretation of the sites industrial heritage. Prior to the granting of a permit an Environmental Management Plan addressing the construction activities proposed on the land must be prepared to the satisfaction of the responsible authority.
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08/05/2008 C55
Requirements for development plan The Development Plan must be generally consistent with the objectives and principles set out or described in the Austral Bricks Scoresby Urban Planning Guidelines, May 2007. The Development Plan must include a set of Urban Design Guidelines, to guide the built form of development and the Urban Design Guidelines must include the following: Setback of dwellings from frontages to collector streets and Stud Road. Heights and massing/building bulk of multi-unit dwellings and buildings within the neighbourhood centre. Lot orientation. Interface treatments of buildings adjacent to Stud Road open space.
The Development Plan must include a plan or plans that address the following principles:
Sustainable neighbourhood and water management Create a compact, walkable neighbourhood with good access to public transport services and neighbourhood centre and consistent with the neighbourhood principles of Melbourne 2030 or any other sustainable neighbourhood principles contained in this Scheme. Integrate Water Sensitive Urban Design and sustainable water management. Collect, treat and detain stormwater from normal rainwater events on site before discharging into existing drainage system. Provide an on-site stormwater retardation basin at the north-east corner of the site to temporarily hold water following major storm events. Stage the construction of the development in such way as to minimise disruption to onsite wetland habitat. Use appropriate vegetation including indigenous and drought resistant trees, shrubs and parkland grasses that will enhance the local habitat values.
Residential lot design Provide for the staged subdivision and development of the land with a range of lot sizes and housing types to accommodate a diverse range of housing needs. . Stages are to be not less than 50 lots. Provide a variety of building forms, orientation and materials. Use built form adjacent Stud Road to ameliorate intrusive road noise. Include street set backs that can accommodate gardens to complement quality streetscapes. Design a lot layout that maximises community interaction and personal safety, including surveillance of pedestrian link to OConnor Road. Minimise visual impact of all new dwellings at the interface with existing dwellings on adjoining land by: Restricting height of new dwellings to 7.5metres measured along a horizontal plane from the natural ground level on the boundary with the adjoining properties.
Neighbourhood centre
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The neighbourhood centre is to provide a feature entrance to the development. Allow for a neighbourhood centre that can provide community services and facilities such as a local shop, medical centre, postal agency, community centre, a brick sales and display centre (which may include limited office accommodation) to reflect the site history. Encourage a provision of a range of higher density residential opportunities in or close to the neighbourhood centre, which integrate cohesively with the retail, community services and facilities likely to be found in the neighbourhood centre. Orient entrances to the neighbourhood centre to a connector street to support streetbased community interaction. Ensure the neighbourhood centre is located at a focal point within the road network and adjoining an appropriately sized area of space. Encourage the use of brick and clay pavers on footpaths throughout the neighbourhood centre as part of an urban design theme to reflect the history of the land.
Landscape and public open spaces Provide formal and informal public open spaces consistent with the hierarchy described in Clause 56 of the Scheme that offer opportunities for passive and informal active recreational activities. Avoid small and disconnected areas of open space. Provide a minimum 10% of the land for public open space, excluding the maximum water surface area of any wetland environment, that includes but is not limited to, an area of at least: 0.8ha suitable for informal active recreation, located towards the south-east corner of the site; and 4ha suitable for a public park which allows for passive recreation, located at the north-east corner of the site, or an alternative area and location to the satisfaction of the responsible authority. Ensure areas of open space are generally connected by linear green corridors to enable shared pathway connectivity from the sites south-east corner, to the north-east corner and then up to Stud Road, generally aligned with the sites northern boundary. Provide a 10m strip of open space along the Stud Road frontage of the site (not part of the contribution for 10% minimum area of public open space). Provide access to areas of open space within 400m of each dwelling. Focus open spaces towards the rear of the site, to maximise quality and quiet areas of open space. Integrate best practice water sensitive urban design in the landscape design of the open space and streets. Incorporate opportunities for public art, particularly with references to the history of the site. Locate areas of open space and pedestrian linkages to optimise safety through passive surveillance and baffled lighting. Enhance existing site features especially views to the Dandenong Ranges, interesting topography, wet and dry habitats. Provide for removal of bunds and vegetation not suitable for retention and establishment of vegetation that will enhance local habitat values.
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Pedestrian and bicycle circulation Create dedicated, shared paths through open space corridors and connector streets to enable pedestrians and cyclists to co-travel safely and encourage informal active recreation. Extend pathways to provide safe and direct movement of pedestrians and cyclists through and between neighbourhoods and to the Scoresby Secondary College.
Neighbourhood street network Provide two signalised entrances to the land from Stud Road. Locate connector streets on the view axes and along parkland edge. Ensure the local street layout is simple and easy to follow. Provide access to public open spaces through very low traffic volume streets. Ensure the street layout enhances natural surveillance and safety along the edges of the Scoresby Secondary School grounds at the south eastern corner of the site. Integrate traffic calming mechanisms, provision of appropriate lighting and shade that will enhance pedestrian permeability and safety. Provide the opportunity for bus movement through the site that will facilitate and encourage the use of public transport.
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44
19/01/2006 VC37
LAND MANAGEMENT OVERLAYS
LAND MANAGEMENT OVERLAYS
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21/09/2009 VC60
FLOODWAY OVERLAY Shown on the planning scheme map as FO or RFO with a number (if shown). Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify waterways, major floodpaths, drainage depressions and high hazard areas which have the greatest risk and frequency of being affected by flooding. To ensure that any development maintains the free passage and temporary storage of floodwater, minimises flood damage and is compatible with flood hazard, local drainage conditions and the minimisation of soil erosion, sedimentation and silting. To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989 if a declaration has been made. To protect water quality and waterways as natural resources in accordance with the provisions of relevant State Environment Protection Policies, and particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria). To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health.
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Buildings and works A permit is required to construct a building or to construct or carry out works, including:

A fence. Roadworks. Bicycle pathways and trails. Public toilets. A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot. Rainwater tank with a capacity of not more than 4500 litres. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. A deck, inlcuding a deck to a dwelling with a finished floor level not more than 800mm above ground level. A non-domestic disabled access ramp
This does not apply:

If a schedule to this overlay specifically states that a permit is not required. To flood mitigation works carried out by the responsible authority or floodplain management authority. To the following works in accordance with plans prepared to the satisfaction of the responsible authority:
The laying of underground sewerage, water and gas mains, oil pipelines, underground telephone lines and underground power lines provided they do not alter the topography of the land.
FLOODWAY OVERLAY
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The erection of telephone or power lines provided they do not involve the construction of towers or poles.
To post and wire and post and rail fencing.
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Subdivision A permit is required to subdivide land. A permit may only be granted to subdivide land if the following apply:
The subdivision does not create any new lots, which are entirely within this overlay. This does not apply if the subdivision creates a lot, which by agreement between the owner and the relevant floodplain management authority, is to be transferred to an authority for a public purpose. The subdivision is the resubdivision of existing lots and the number of lots is not increased, unless a local floodplain development plan incorporated into this scheme specifically provides otherwise.
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Application requirements Local floodplain development plan If a local floodplain development plan has been developed for the area and has been incorporated into this scheme, an application must be consistent with the plan. Flood risk report If a local floodplain development plan for the area has not been incorporated into this scheme, an application must be accompanied by a flood risk report to the satisfaction of the responsible authority, which must consider the following, where applicable:

The State Planning Policy Framework and the Local Planning Policy Framework. The existing use and development of the land. Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this overlay. The susceptibility of the development to flooding and flood damage. The potential flood risk to life, health and safety associated with the development. Flood risk factors to consider include:
The effect of the development on redirecting or obstructing floodwater, stormwater or drainage water and the effect of the development on reducing flood storage and increasing flood levels and flow velocities. The effects of the development on river health values including wetlands, natural habitat, stream stability, erosion, environmental flows, water quality and sites of scientific significance.
FLOODWAY OVERLAY
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Exemption from notice and review An application under this overlay is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
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Referral of applications An application must be referred to the relevant floodplain management authority under Section 55 of the Act unless in the opinion of the responsible authority the proposal satisfies requirements or conditions previously agreed in writing between the responsible authority and the floodplain management authority. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
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The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The local floodplain development plan or flood risk report. Any comments of the relevant floodplain management authority. The Victorian River Health Strategy (2002) and any relevant regional river health strategy and associated wetland plan.
Notes:
FLOODWAY OVERLAY
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19/01/2006 VC37
SCHEDULE TO THE FLOODWAY OVERLAY Shown on the planning scheme map as FO.
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Permit requirement None specified
FLOODWAY OVERLAY SCHEDULE
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21/09/2009 VC60
LAND SUBJECT TO INUNDATION OVERLAY Shown on the planning scheme map as LSIO with a number (if shown). Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority. To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration has been made. To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria). To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health.
44.04-1
15/09/2008 VC49

A fence. Roadworks. Bicycle pathways and trails. Public toilets. A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot. Rainwater tank with a capacity of not more than 4500 litres. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level. A non-domestic disabled access ramp

The laying of underground sewerage, water and gas mains, oil pipelines, underground telephone lines and underground power lines provided they do not alter the topography of the land.
LAND SUBJECT TO INUNDATION OVERLAY
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The erection of telephone or power lines provided they do not involve the construction of towers or poles.
To post and wire and post and rail fencing.
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Subdivision A permit is required to subdivide land.
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19/01/2006 VC37
Application requirements Local floodplain development plan If a local floodplain development plan has been developed for the area and has been incorporated into this scheme, an application must be consistent with the plan.
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19/01/2006 VC37
Exemption from notice and review An application under this overlay is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Referral of applications An application must be referred to the relevant floodplain management authority under Section 55 of the Act unless in the opinion of the responsible authority, the proposal satisfies requirements or conditions previously agreed in writing between the responsible authority and the floodplain management authority.
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19/01/2006 VC37
44.04-6
21/09/2009 VC60
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any local floodplain development plan. Any comments from the relevant floodplain management authority. The existing use and development of the land. Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this overlay. The susceptibility of the development to flooding and flood damage. The potential flood risk to life, health and safety associated with the development. Flood risk factors to consider include:
The effect of the development on redirecting or obstructing floodwater, stormwater or drainage water and the effect of the development on reducing flood storage and increasing flood levels and flow velocities.
PAGE 2 OF 3
The effect of the development on river health values including wetlands, natural habitat, stream stability, erosion, environmental flows, water quality and sites of scientific significance.
Notes:
PAGE 3 OF 3
19/01/2006 VC37
SCHEDULE TO THE LAND SUBJECT TO INUNDATION OVERLAY Shown on the planning scheme map as LSIO.
1.0
19/01/2006 VC37
Permit Requirements
2.0
19/01/2006 VC37
Application requirements An application to construct a building or construct or carry out works must be accompanied by four sets of plans drawn to scale which show: The boundaries and dimensions of the site. Relevant ground levels, to Australian Height Datum, taken by a licensed surveyor. The layout of existing and proposed buildings and works. Floor levels of any existing and proposed buildings, to Australian Height Datum, taken by a licensed surveyor.
3.0
19/01/2006 VC37
Referral of Applications An application to construct a building or construct or carry out works or an application to amend a permit does not have to be referred to the floodplain management authority if the application: Is accompanied by the relevant floodplain management authority's written approval, The written approval must: Be granted not more than three months prior to lodging with the responsible authority. Quote the reference number of the approved plans. State applicable flood level and any required floor levels. Is in accordance with an adopted local floodplain development plan.
LAND SUBJECT TO INUNDATION OVERLAY SCHEDULE
PAGE 1 OF 1
44.05
15/09/2008 VC49
SPECIAL BUILDING OVERLAY Shown on the planning scheme map as SBO with a number (if shown). Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority. To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).
44.05-1
15/09/2008 VC49

A fence. Roadworks. Bicycle pathways and trails. Public toilets. A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level. A non-domestic disabled access ramp.

The laying of underground sewerage, water and gas mains, oil pipelines, underground telephone lines and underground power lines provided they do not alter the topography of the land. The erection of telephone or power lines provided they do not involve the construction of towers or poles designed to operate at more than 66,000 volts.
To landscaping, driveways, vehicle cross overs, footpaths or bicycle paths if there is no significant change to existing surface levels, or if the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed.
SPECIAL BUILDING OVERLAY
PAGE 1 OF 4
To roadworks and associated works if this is limited to resurfacing the existing road or the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed. To an extension of less than 20 square metres in floor area to an existing building (not including an out-building), where the floor levels are constructed to at least 300mm above the flood level or if the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed. To an upper storey extension to an existing building. To an alteration to an existing building where the original building footprint remains the same and floor levels are constructed to at least 300mm above flood level. To an out-building (including replacement of an existing building) if the out-building is less than 10 square metres in floor area and constructed to at least 150mm above the flood level or the relevant floodplain management authority has agreed in writing that the flowpath is not obstructed. To a replacement building (not including an out-building) if it is constructed to at least 300mm above the flood level and the original building footprint remains the same. The responsible authority may require evidence of the existing building envelope. To fencing with at least 25% openings and with the plinth at least 300mm above the flood level. To a replacement fence in the same location and of the same type and materials as the existing fence. To a pergola or an open deck area with unenclosed foundations. To a carport constructed over an existing carspace. To an in-ground swimming pool and associated security fencing, where the perimeter edging of the pool is constructed at natural surface levels and excavated material is removed from the flowpath. To a tennis court at existing surface level with fencing designed to minimise obstruction to flows. To an aviary or other enclosure for a domestic animal if it is less than 10 square metres in floor area at ground level. To open sided verandahs, open sided picnic shelters, barbeques and park furniture (excluding playground equipment) if there is less than 30mm change to existing surface levels. To radio masts, light poles or advertising signs on posts or attached to buildings.
44.05-2
19/01/2006 VC37
Subdivision A permit is required to subdivide land. Application requirements Unless otherwise agreed in writing by the relevant floodplain management authority, an application to construct a building or construct or carry out works must be accompanied by a site plan which shows, as appropriate:

44.05-3
19/01/2006 VC37
The boundaries and dimensions of the site. Relevant existing and proposed ground levels, to Australian Height Datum, taken by or under the direction or supervision of a licensed land surveyor. The layout, size and use of existing and proposed buildings and works, including vehicle parking areas.
PAGE 2 OF 4
Floor levels of any existing and proposed buildings to Australian Height Datum. Cross sectional details of any basement entry ramps and other basement entries to Australian Height Datum, showing floor levels of entry and exit areas and drainage details.
Local floodplain development plan If a local floodplain development plan has been developed for the area and has been incorporated into this scheme, an application must be consistent with the plan. 44.05-4
19/01/2006 VC37
44.05-5
19/01/2006 VC37
Referral of applications An application must be referred to the relevant floodplain management authority under Section 55 of the Act unless in the opinion of the responsible authority, the proposal satisfies requirements or conditions previously agreed to in writing between the responsible authority and the floodplain management authority.
44.05-6
19/01/2006 VC37
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any local floodplain development plan. Any comments from the relevant floodplain management authority. The existing use and development of the land. Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this overlay. The susceptibility of the development to flooding and flood damage. Flood risk factors to consider include:
The effect of the development on redirecting or obstructing floodwater, stormwater or drainage water and the effect of the development on reducing flood storage and increasing flood levels and flow velocities.
Notes:
Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land.
PAGE 3 OF 4
Check the requirements of the zone which applies to the land. Other requirements may also apply. These can be found at Particular Provisions.
PAGE 4 OF 4
19/01/2006 VC37
SCHEDULE TO THE SPECIAL BUILDING OVERLAY Shown on the planning scheme map as SBO
1.0
19/01/2006 VC37
Application requirements An application to construct a building or construct or carry out works must be accompanied by four sets of plans drawn to scale which show: The boundaries and dimensions of the site. Relevant ground levels, to Australian Height Datum, taken by a licensed surveyor. The layout of existing and proposed buildings and works. Floor levels of any existing and proposed buildings, to Australian Height Datum, taken by a licensed surveyor.
2.0
19/01/2006 VC37
Referral of applications An application to construct a building or construct or carry out works or an application to amend a permit does not have to be referred to the floodplain management authority if the application: Is accompanied by the relevant floodplain management authority's written approval. The written approval must: Be granted not more than three months prior to lodging with the responsible authority. Quote the reference number of the approved plans. State applicable flood level and any required floor levels. Is in accordance with an adopted local floodplain development plan.
SPECIAL BUILDING OVERLAY SCHEDULE
PAGE 1 OF 1
45
19/01/2006 VC37
OTHER OVERLAYS
OTHER OVERLAYS
PAGE 1 OF 1
45.01
15/09/2008 VC49
PUBLIC ACQUISITION OVERLAY Shown on the planning scheme map as PAO with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify land which is proposed to be acquired by an authority. To reserve land for a public purpose and to ensure that changes to the use or development of the land do not prejudice the purpose for which the land is to be acquired.
45.01-1
15/09/2008 VC49
Permit required A permit is required to:

Use land for any Section 1 or Section 2 use in the zone. Construct a building or construct or carry out works, including:
A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level.
Damage, demolish or remove a building or works. Damage, remove, destroy or lop any vegetation. This does not apply:

If the vegetation has been planted for pasture, timber production or any other crop. To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998. If the vegetation presents an immediate risk of personal injury or damage to property.
Subdivide land.
To an authority responsible for acquiring the land if the land has been acquired and any of the above matters for which a permit is required is consistent with the purpose for which the land was acquired. To an authority or a municipal council if the responsible authority, after consulting with the authority responsible for acquiring the land, is satisfied that any of the above matters for which a permit is required is consistent with the purpose for which the land is to be acquired.
PUBLIC ACQUISITION OVERLAY
PAGE 1 OF 2
45.01-2
17/09/2007 VC45
Exemption from notice and review An application under this overlay is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Referral of applications An application must be referred under Section 55 of the Act to the authority responsible for acquiring the land. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
45.01-3
19/01/2006 VC37
45.01-4
19/01/2006 VC37
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect of the proposed use or development on the purpose for which the land is to be acquired as specified in the schedule to this overlay.
A permit granted under this clause may be conditional on:
The extent of alterations and extensions to an existing building and works, and the materials that may be used. The location, dimensions, design and material or a new building or works. The demolition, removal or alteration of any buildings or works. The demolition or removal of buildings or works constructed or carried out in accordance with a permit under this clause. No compensation being payable for the demolition or removal of any buildings or works constructed under the permit.
45.01-5
19/01/2006 VC37
Land not to be spoiled or wasted Land must not be spoiled or wasted so as to adversely affect the use of the land for the purpose for which it is to be acquired. Reservation for public purpose Any land included in a Public Acquisition Overlay is reserved for a public purpose within the meaning of the Planning and Environment Act 1987, the Land Acquisition and Compensation Act 1986 or any other act.
45.01-6
19/01/2006 VC37
Notes:
PUBLIC ACQUISITION OVERLAY
PAGE 2 OF 2
05/02/2009 C45
SCHEDULE TO THE PUBLIC ACQUISITION OVERLAY PS Map

PAO1 PAO2 PAO3
Acquisition Authority
Purpose of Acquisition
Roads Corporation Road Parks Victoria Public Park and Recreation
Secretary to the Southern and Eastern Integrated Transport Department of Project and connecting roads. Infrastructure Knox City Council Knox City Council Road Public Park and Recreation
PAO4 PAO5
PUBLIC ACQUISITION OVERLAY SCHEDULE
PAGE 1 OF 1
45.03
19/01/2006 VC37
ENVIRONMENTAL AUDIT OVERLAY Shown on the planning scheme map as EAO Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To ensure that potentially contaminated land is suitable for a use which could be significantly adversely affected by any contamination.
45.03-1
19/01/2006 VC37
Requirement Before a sensitive use (residential use, child care centre, pre-school centre or primary school) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either: A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.
Notes:
ENVIRONMENTAL AUDIT OVERLAY
PAGE 1 OF 1
45.04
19/01/2006 VC37
ROAD CLOSURE OVERLAY Shown on the planning scheme map as RXO. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify a road that is closed by an amendment to this planning scheme.
45.04-1
19/01/2006 VC37
Road closure A road included in this overlay is closed on the date notice of approval of the amendment is published in the Government Gazette. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. That the road is closed.
45.04-2
19/01/2006 VC37
Notes:
ROAD CLOSURE OVERLAY
PAGE 1 OF 1
45.05
19/01/2006 VC37
RESTRUCTURE OVERLAY Shown on the planning scheme map as RO with a number.
Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify old and inappropriate subdivisions which are to be restructured. To preserve and enhance the amenity of the area and reduce the environmental impacts of dwellings and other development. 45.05-1
19/01/2006 VC37
Subdivision A permit is required to subdivide land. A subdivision must be in accordance with a restructure plan for the land listed in the schedule to this overlay. This does not apply if the subdivision is for one of the following purposes and no additional lots or subdivision potential is created: To realign boundaries between lots that have been consolidated in accordance with the restructure plan. To consolidate a restructure lot with a section of closed road or other land not included in a proposed restructure lot. Each lot must be provided with reticulated sewerage if available. If reticulated sewerage is not available, the application must be accompanied by: A land assessment report which demonstrates that each lot is capable of treating and retaining all waste water in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970. A plan which indicates the building envelope and effluent disposal area for each lot. Before deciding on an application to subdivide land into residential lots, the responsible authority must consider Clause 56.
45.05-2
19/01/2006 VC37
Dwellings and other buildings A permit is required to construct or extend a dwelling or other building. A permit must be in accordance with a restructure plan for the land listed in a schedule to this overlay. This does not apply if: No restructure plan is listed in the schedule and the permit is required to extend an existing dwelling or other building. The land is a lot for which a permit has been granted under Clause 45.05-1.
45.05-3
19/01/2006 VC37
RESTRUCTURE OVERLAY
PAGE 1 OF 2
45.05-4
19/01/2006 VC37
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The objectives of the restructure plan for the area. Appropriate measures to cope with any environmental hazard or constraint affecting the land, including slope, drainage, salinity and erosion. The protection and enhancement of the natural environment and the character of the area including the retention of vegetation and fauna habitats and the need to revegetate along waterways, gullies, ridge lines and property boundaries. The availability of utility services, including sewerage, water, drainage, electricity, gas and telecommunications. The relationship of the intended use and development to the existing or likely use and development of adjoining and nearby land. The effect on surrounding uses, especially agricultural uses and nearby public land. The design of buildings.
Notes:
RESTRUCTURE OVERLAY
PAGE 2 OF 2
19/01/2006 VC37
SCHEDULE TO THE RESTRUCTURE OVERLAY PS Map reference

RO1
Land
Ferndale Road, Upper Ferntree Gully Fern Road, Gully Upper Ferntree
Title of restructure plan

Restructure Plan 1, November 1999
RO2
RO3
Burwood Highway, Ferntree Gully
Upper
RESTRUCTURE OVERLAY - SCHEDULE
PAGE 1 OF 1
Particular Provisions
50
19/01/2006 VC37
PARTICULAR PROVISIONS This section sets out Particular Provisions which apply to the matters specified.
PARTICULAR PROVISIONS - CLAUSE 50
PAGE 1 OF 1
51
19/01/2006 VC37
OPERATION OF PARTICULAR PROVISIONS The requirements of these particular provisions apply to the specified categories of use and development and other matters in addition to any provisions which apply due to any other provision of this scheme.
PAGE 1 OF 1
52
19/01/2006 VC37
[no content]
PAGE 1 OF 1
52.01
19/01/2006 VC37
PUBLIC OPEN SPACE CONTRIBUTION AND SUBDIVISION A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under Section 18 of the Subdivision Act 1988. A public open space contribution may be made only once for any of the land to be subdivided. This does not apply to the subdivision of a building if a public open space requirement was not made under Section 569H of the Local Government Act 1958 or Section 21A of the Building Control Act 1981 when the building was constructed. A subdivision is exempt from a public open space requirement, in accordance with Section 18(8) of the Subdivision Act 1988, if: It is one of the following classes of subdivision: Class 1: The subdivision of a building used for residential purposes provided each lot contains part of the building. The building must have been constructed or used for residential purposes immediately before 30 October 1989 or a planning permit must have been issued for the building to be constructed or used for residential purposes immediately before that date. Class 2: The subdivision of a commercial or industrial building provided each lot contains part of the building. It is for the purpose of excising land to be transferred to a public authority, council or a Minister for a utility installation. It subdivides land into two lots and the council considers it unlikely that each lot will be further subdivided.
PARTICULAR PROVISIONS - CLAUSE 52.01
PAGE 1 OF 1
06/12/2007 C65
SCHEDULE TO CLAUSE 52.01 Type or location of subdivision Amount of contribution for public open space
Subdivision of land into lots having an area of 725 Minimum of 5% of the total square metres or greater in a Residential 1 Zone, land to be subdivided. Residential 2 Zone or Residential 3 Zone. Subdivision of land which includes lots having an area of Minimum of 8.5% of the total less than 725 square metres in a Residential 1 Zone, land to be subdivided. Residential 2 Zone or Residential 3 Zone.
PARTICULAR PROVISIONS - CLAUSE 52.01 - SCHEDULE
PAGE 1 OF 1
52.02
19/01/2006 VC37
EASEMENTS, RESTRICTIONS AND RESERVES A permit is required before a person proceeds: Under Section 23 of the Subdivision Act 1988 to create, vary or remove an easement or restriction or vary or remove a condition in the nature of an easement in a Crown grant. Under Section 24A of the Subdivision Act 1988. Under Section 36 of the Subdivision Act 1988 to acquire or remove an easement or remove a right of way. This does not apply: If the action is required or authorised by the schedule to this clause. In the circumstances set out in Section 6A(3) of the Planning and Environment Act 1987. If the person proceeds under Section 362A of the Land Act 1958. In the case of a person proceeding under Section 36 of the Subdivision Act 1988, if the council or a referral authority gives a written statement in accordance with Section 36(1)(a) or (b) of that Act. In this clause, restriction has the same meaning as in the Subdivision Act 1988.
Note:
Section 23 of the Subdivision Act 1988 provides that either the council or the person benefiting from the direction must lodge a certified plan at the Titles Office for registration.
PAGE 1 OF 1
19/01/2006 VC37
SCHEDULE TO CLAUSE 52.02
1.0
19/01/2006 VC37
Under Section 23 of the Subdivision Act 1988 Land

None specified
Easement or restriction Requirement
2.0
19/01/2006 VC37
Under Section 24A of the Subdivision Act 1988 Land

None specified
Person
Action
3.0
19/01/2006 VC37
Under Section 36 of the Subdivision Act 1988 Land

None specified
Easement or right of way
Requirement
PAGE 1 OF 1
52.03
19/01/2006 VC37
SPECIFIC SITES AND EXCLUSIONS Purpose To recognise specific controls designed to achieve a particular land use and development outcome existing on the approval date. To provide in extraordinary circumstances specific controls designed to achieve a particular land use and development outcome. Use or development Land identified in the schedule to this clause may be used or developed in accordance with the specific controls contained in the incorporated document corresponding to that land. The specific controls may: allow the land to be used or developed in a manner that would otherwise be prohibited or restricted; prohibit or restrict the use or development of the land beyond the controls that may otherwise apply; exclude any other control in this scheme. Expiry of a specific control If a specific control contained in an incorporated document identified in the schedule to this clause allows a particular use or development, that control will expire if any of the following circumstances applies: The development and use is not started within two years of the approval date or another date specified in the incorporated document. The development is not completed within one year of the date of commencement of works or another date specified in the incorporated document.
The responsible authority may extend the periods referred to if a request is made in writing before the expiry date or within three months afterwards. Upon expiry of the specific control, the land may be used and developed only in accordance with the provisions of this scheme.
PAGE 1 OF 1
13/07/2006 C47
SCHEDULE TO CLAUSE 52.03 Address of land

5 Ames Street, Rowville
Title of incorporated document

Site Specific Control 5 Ames Street, Rowville City of Knox April 2001
Certificate of Title Vol. 6983 Fol. 470, land generally bounded by University Road and Dandenong Creek, Bayswater 1063 Wellington Road, Rowville
Proposed Knox Driving Range, April 2004
Site Specific Control 1063 Wellington Road, Rowville, City of Knox
PAGE 1 OF 1
52.04
15/09/2008 VC49
SATELLITE DISH Purpose To provide an opportunity to consider the impact of a satellite dish attached to a building or structure listed in a schedule to the Heritage Overlay. To provide an opportunity to consider the effect of a satellite dish on the amenity of residential areas. Scope This clause applies to:

A building or structure listed in a schedule to the Heritage Overlay. Land in a Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Low Density Residential Zone, Mixed Use Zone or Township Zone.
Permit requirement A permit is required to use land or to construct or install or carry out works for a satellite dish (whether or not it forms part of a network) even if it is ancillary to another use on the land. This does not apply to a satellite dish with a diameter:

Less than 1.2 metres. Between 1.2 metres and 2.4 metres provided:
The dish is not visible from the street (other than a lane) or a public park, The dish is setback from the side or rear boundary 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, and The dish is setback at least 3 metres from the boundary where it is opposite an existing habitable room window.
Decision Guidelines Before deciding on an application, in addition to the design principles in Clause 19.03 and decision guidelines in clause 65, the responsible authority must consider the effect of the satellite dish on the visual amenity of nearby land.
PAGE 1 OF 1
52.05
15/09/2008 VC49
ADVERTISING SIGNS Purpose To regulate the display of signs and associated structures. To provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character. To ensure signs do not contribute to excessive visual clutter or visual disorder. To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.
52.05-1
15/09/2008 VC49
Requirements Advertising categories Clauses 52.05-7 to 52.05-10 specify categories of advertising control. The zone provisions specify which category of advertising control applies to the zone. A sign in Section 1 of the category may be displayed without a permit, but a condition opposite the sign must be met. If the condition is not met, the sign requires a permit unless specifically included in Section 3 as a sign that does not meet the Section 1 condition. A sign in Section 2 may be displayed only with a permit and a condition opposite the sign must be met. If the condition is not met, the sign is prohibited. A sign in Section 3 is prohibited and must not be displayed. Some overlays require a permit for Section 1 signs. If a sign can be interpreted in more than one way, the most restrictive requirement must be met. Referral of an application for permit An application to display an animated or electronic sign within 60 metres of a freeway or arterial road declared under the Road Management Act 2004 must be referred in accordance with Section 55 of the Planning and Environment Act 1987 to the referral authority specified in Clause 66.03 or a schedule to that clause. Expiry of permit A permit for a sign other than a major promotion sign expires on the date specified in the permit. If no date is specified, the expiry date is 15 years from the date of issue of the permit.
52.02-2
15/09/2008 VC49
Application requirements An application to display an advertising sign must be accompanied by the following information, as appropriate:
A site context report, using a site plan, photographs or other methods to accurately describe:
The location of the proposed sign on the site or building and distance from property boundaries. The location and size of existing signage on the site including details of any signs to be retained or removed. The location and form of existing signage on abutting properties and in the locality.
PAGE 1 OF 9
The location of closest traffic control signs. Identification of any view lines or vistas that could be affected by the proposed sign.
The dimensions, height above ground level and extent of projection of the proposed sign. The height, width, depth of the total sign structure including method of support and any associated structures such as safety devices and service platforms. Details of associated on-site works. Details of any form of illumination including details of baffles and the times at which the sign would be illuminated. The colour, lettering style and materials of the proposed sign. The size of the display (total advertising area including all sides of a multi-sided sign). The location of any corporate logo box and proportion of display area occupied by such a logo box. For animated or electronic signs, a report addressing the decision guidelines at Clause 52.05-3 relating to road safety. Any landscaping details. For any sign over 18 square metres in area:
A description of the existing character of the area including built form and landscapes. The location of any other signs over 18 square metres, or scrolling, electronic or animated signs within 200 metres of the site. Any existing identifiable advertising theme in the area. Photo montages or a streetscape perspective of the proposed sign. Level of illumination including: lux levels for any sign on or within 60 metres of a Road Zone, residential zone, public use zone or Business 5 zone; the dwell and change time for any non-static images.
The relationship to any significant or prominent views and vistas.
52.05-3
15/09/2008 VC49
Decision guidelines Before deciding on an application to display a sign, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The character of the area including:
The sensitivity of the area in terms of the natural environment, heritage values, waterways and open space, rural landscape or residential character. The compatibility of the proposed sign with the existing or desired future character of the area in which it is proposed to be located. The cumulative impact of signs on the character of an area or route, including the need to avoid visual disorder or clutter of signs. The consistency with any identifiable outdoor advertising theme in the area.
Impacts on views and vistas:
The potential to obscure or compromise important views from the public realm.
PAGE 2 OF 9
The potential to dominate the skyline. The potential to impact on the quality of significant public views. The potential to impede views to existing signs.
The relationship to the streetscape, setting or landscape:
The proportion, scale and form of the proposed sign relative to the streetscape, setting or landscape. The position of the sign, including the extent to which it protrudes above existing buildings or landscape and natural elements. The ability to screen unsightly built or other elements. The ability to reduce the number of signs by rationalising or simplifying signs. The ability to include landscaping to reduce the visual impact of parts of the sign structure.
The relationship to the site and building:
The scale and form of the sign relative to the scale, proportion and any other significant characteristics of the host site and host building. The extent to which the sign displays innovation relative to the host site and host building. The extent to which the sign requires the removal of vegetation or includes new landscaping.
The impact of structures associated with the sign:

The extent to which associated structures integrate with the sign. The potential of associated structures to impact any important or significant features of the building, site, streetscape, setting or landscape, views and vistas or area.
The impact of any illumination:

The impact of glare and illumination on the safety of pedestrians and vehicles. The impact of illumination on the amenity of nearby residents and the amenity of the area. The potential to control illumination temporally or in terms of intensity.
The impact of any logo box associated with the sign:
The extent to which the logo box forms an integral part of the sign through its position, lighting and any structures used to attach the logo box to the sign. The suitability of the size of the logo box in relation to its identification purpose and the size of the sign.
The need for identification and the opportunities for adequate identification on the site or locality. The impact on road safety. A sign is a safety hazard if the sign:
Obstructs a drivers line of sight at an intersection, curve or point of egress from an adjacent property. Obstructs a drivers view of a traffic control device, or is likely to create a confusing or dominating background which might reduce the clarity or effectiveness of a traffic control device. Could dazzle or distract drivers due to its size, design or colouring, or it being illuminated, reflective, animated or flashing.
PAGE 3 OF 9
Is at a location where particular concentration is required, such as a high pedestrian volume intersection. Is likely to be mistaken for a traffic control device, because it contains red, green or yellow lighting, or has red circles, octagons, crosses, triangles or arrows. Requires close study from a moving or stationary vehicle in a location where the vehicle would be unprotected from passing traffic. Invites drivers to turn where there is fast moving traffic or the sign is so close to the turning point that there is no time to signal and turn safely. Is within 100 metres of a rural railway crossing. Has insufficient clearance from vehicles on the carriageway. Could mislead drivers or be mistaken as an instruction to drivers.
52.05-4
15/09/2008 VC49
Signs not requiring a permit A permit is not required to display the following signs:
A sign identifying the functions or property of a government department, public authority or municipal council, but not a promotion sign displayed at the direction of any of these bodies. A sign controlling traffic on a public road, railway, tramway, water or in the air, provided it is displayed at the direction of a government department, public authority or municipal council. A sign at a hospital that gives direction to emergency facilities. A sign in a road reserve which gives direction or guidance about a tourist attraction, service or facility of interest to road users. The sign must be displayed to the satisfaction of the road authority. A sign required by statute or regulation, provided it is strictly in accordance with the requirement. A sign at a railway station for the information of people using the station. A sign on a showground, on a motor racing track or on a major sports and recreation facility, provided the advertisement cannot be seen from nearby land. A sign with an advertisement area not exceeding 1 square metre to each premises that provides information about a place of worship. It must not be an animated or internallyilluminated sign. A sign inside a building that cannot generally be seen outside. A sign with an advertisement area not exceeding 2 square metres concerning construction work on the land. Only one sign may be displayed, it must not be an animated or internally-illuminated sign and it must be removed when the work is completed. A sign with an advertisement area not exceeding 5 square metres publicising a local educational, cultural, political, religious, social or recreational event not held for commercial purposes. Only one sign may be displayed on the land, it must not be an animated or internally-illuminated sign and it must not be displayed longer than 14 days after the event is held or 3 months, whichever is sooner. A sign publicising a local political event may include information about a candidate for an election. A sign publicising a special event on the land or in the building on which it is displayed, provided no more than 8 signs are displayed in a calendar year and the total number of days the signs are displayed does not exceed 28 in that calendar year. The sign must be removed when the event is finished.
PAGE 4 OF 9
A sign with an advertisement area not exceeding 2 square metres publicising the sale of goods or livestock on the land or in the building on which it is displayed, provided the land or building is not normally used for that purpose. Only one sign may be displayed, it must not be an animated or internally-illuminated sign and it must not be displayed longer than 3 months without a permit. A sign with an advertisement area not exceeding 10 square metres publicising the sale or letting of the property on which it is displayed. Only one sign may be displayed, it must not be an animated sign and it must not be displayed longer than 7 days after the sale date. A permit may be granted for:
The advertisement area to exceed 10 square metres if the sign concerns more than 20 lots. The sign to be displayed on land excised from the subdivision and transferred to the municipal council. The sign to be displayed longer than 7 days after the sale date.
No permit is required to fly the Australian flag or to display the flag on a building, painted or otherwise represented, provided it is correctly dimensioned and coloured in accordance with the Flags Act 1953. 52.05-5
15/09/2008 VC49
Existing signs A sign that was lawfully displayed on the approval date or that was being constructed on that date may be displayed or continue to be displayed and may be repaired and maintained. A lawfully displayed advertisement may be renewed or replaced. However, a permit is required:
To renew or replace the advertisement of an animated or internally-illuminated sign. If the advertisement area is to be increased. If the renewal or replacement would result in a different type of sign.
A sign that is reconstructed must meet the relevant advertising sign requirements. 52.05-6
15/09/2008 VC49
Major promotion sign
Purpose To achieve high quality visual standards for the siting of major promotion signs. To ensure that the signs are not detrimental to the appearance of their surroundings or the safe and efficient operation of the route through the application of consistent planning controls. Exemption from notice and review An application for a major promotion sign is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82 (1) of the Act provided the sign:
Is to be displayed within an area listed in the schedule to this clause. Meets any condition listed in the schedule to this clause.
Permit requirement A permit for a major promotion sign must include conditions that specify:
PAGE 5 OF 9
That the sign must not:

Dazzle or distract drivers due to its colouring. Be able to be mistaken for a traffic signal because it has, for example, red circles, octagons, crosses or triangles. Be able to be mistaken as an instruction to drivers.
An expiry date which is 15 years from the date the permit is issued unless otherwise specified in this clause. This does not apply to a permit for major promotion sign for a special event or temporary building shrouding.
Alternative expiry date condition
A permit for a major promotion sign may specify an expiry date other than 15 years, but the date must not be less than 10 years or more than 25 years from the date the permit is issued. Before deciding to alter the specified expiry date of 15 years, the responsible authority must consider, as appropriate:

The purpose of the sign. The existing or desired character of the area. The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies in terms of the extent to which the proposed sign is consistent with any relevant policy direction and the extent to which the area may be expected to change over time. The extent to which the signage is physically and visually integrated into the architecture of the building.
A major promotion sign displayed in accordance with a permit granted between 19 September 1995, and 18 September 1997, may continue to be displayed:
until 31 December 2008, or where a permit application seeking permission to display the sign is lodged before 31 December 2008, until the permit application is finally determined.
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 52.05-2 and Clause 65, the responsible authority must consider, as appropriate:
The effect of the proposed major promotion sign on:

Significant streetscapes, buildings and skylines. The visual appearance of a significant view corridor, viewline, gateway location or landmark site identified in a framework plan or local policy. Residential areas and heritage places. Open space and waterways.
When determining the effect of a proposed major promotion sign, the following locational principles must be taken into account:
Major promotion signs are encouraged in commercial and industrial locations in a manner which complements or enhances the character of the area. Major promotion signs are discouraged along forest and tourist roads, scenic routes or landscaped sections of freeways. Major promotion signs are discouraged within open space reserves or corridors and around waterways.
PAGE 6 OF 9
Major promotion signs are discouraged where they will form a dominant visual element from residential areas, within a heritage place or where they will obstruct significant viewlines. In areas with a strong built form character, major promotion signs are encouraged only where they are not a dominant element in the streetscape and except for transparent feature signs (such as neon signs), are discouraged from being erected on the roof of a building.
52.05-7
15/09/2008 VC49
Category 1 - Business areas Minimum limitation Purpose To provide for identification and promotion signs and signs that add vitality and colour to business areas. Section 1 - Permit not required
SIGN Bed and breakfast sign Business identification sign Home occupation sign Promotion sign Direction sign Internally-illuminated sign The total advertisement area to each premises must not exceed 1.5 sq m. No part of the sign may be above a verandah or, if no verandah, more than 3.7 m above pavement level. The sign must be more than 30 m from a residential zone or pedestrian or traffic lights. CONDITION The total advertisement area of all signs to each premises must not exceed 8 sq m. This does not include a sign with an advertisement area not exceeding 1.5 sq m that is below a verandah or, if no verandah, that is less than 3.7 m above pavement level.

SIGN Any sign not in Section 1 CONDITION
SIGN Nil CONDITION
52.05-8
15/09/2008 VC49
Category 2 - Office and industrial Low limitation Purpose To provide for adequate identification signs and signs that are appropriate to office and industrial areas. Section 1 - Permit not required
PAGE 7 OF 9
SIGN
CONDITION
Bed and breakfast sign The total advertisement area of all signs to each premises must Business identification not exceed 8 sq m. This does not include a direction sign. sign Home occupation sign Pole sign Direction sign Internally-illuminated sign Only one to each premises. The advertisement area must not exceed 1.5 sq m. The sign must be more than 30 m from a residential zone or pedestrian or traffic lights.

SIGN Any sign not in Section 1 CONDITION
SIGN Nil CONDITION
52.05-9
15/09/2008 VC49
Category 3 - High amenity areas Medium limitation Purpose To ensure that signs in high-amenity areas are orderly, of good design and do not detract from the appearance of the building on which a sign is displayed or the surrounding area. Section 1 - Permit not required
SIGN CONDITION
Bed and breakfast sign Only one to each premises. Home occupation sign The advertisement area must not exceed 0.2 sq m. Direction sign

SIGN Above-verandah sign Business identification sign Floodlit sign High-wall sign Internally-illuminated sign Pole sign Promotion sign Reflective sign The advertisement area must not exceed 2 sq m. Must be a business logo or street number. CONDITION
PAGE 8 OF 9
SIGN Any sign not in Sections 1 or 2 CONDITION
52.05-10
15/09/2008 VC49
Category 4 - Sensitive areas Maximum limitation Purpose To provide for unobtrusive signs in areas requiring strong amenity control. Section 1 - Permit not required
SIGN CONDITION
Bed and breakfast sign Only one to each premises. Home occupation sign The advertisement area must not exceed 0.2 sq m. Direction sign

SIGN CONDITION
Business identification The total advertisement area to each premises must not exceed sign 3 sq m. Floodlit sign
SIGN Any sign not in Sections 1 or 2 CONDITION
PAGE 9 OF 9
19/01/2006 VC37
SCHEDULE TO CLAUSE 52.05-5 Land

None specified
Conditions
PARTICULAR PROVISIONS - CLAUSE 52.05-5 - SCHEDULE
PAGE 1 OF 1
52.06
15/09/2008 VC49
CAR PARKING
Purpose To ensure that car parking facilities are provided in accordance with:
The State Planning Policy Framework and the Local Planning Policy Framework including the Municipal Strategic Statement and local planning policies. Any parking precinct plan.
To provide the opportunity to use parking precinct plans in appropriate locations. To promote the efficient use of car spaces through the consolidation of car parking facilities. To ensure the provision of an appropriate number of car spaces having regard to the activities on the land and the nature of the locality. To ensure that the design and location of car parking areas:
Does not adversely affect the amenity of the locality, in particular the amenity of pedestrians and other road users. Achieves a high standard of urban design. Creates a safe environment for users, particularly at night. Enables easy and efficient use. Protects the role and function of nearby roads. Facilitates the use of public transport and the movement and delivery of goods.
52.06-1
19/01/2006 VC37
Car spaces
Provision of car spaces A new use must not commence or the floor area of an existing use must not be increased until the required car spaces have been provided on the land. Where the floor area occupied by an existing use is increased, the parking requirement only applies to the floor area of any extension of the use or site area provided the existing number of car spaces is not reduced. Number of car spaces required The table at Clause 52.06-5 sets out the number of car spaces required for uses not covered by a parking precinct plan or another clause. The requirement for car spaces for a use listed in column 1 of the table is the product of columns 2 and 3 of the table. A permit may be granted to reduce or to waive the number of car spaces required by the table. Where a use is not specified in the table at Clause 52.06-5, an adequate number of car spaces must be provided to the satisfaction of the responsible authority. These requirements do not apply if there is a parking requirement for the particular use under another clause or in a parking precinct plan.
PAGE 1 OF 6
Decision guidelines Before a requirement for car spaces is reduced or waived, the applicant must satisfy the responsible authority that the reduced provision is justified due to:

Any relevant parking precinct plan. The availability of car parking in the locality. The availability of public transport in the locality. Any reduction in car parking demand due to the sharing of car spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces. Any car parking deficiency or surplus associated with the existing use of the land. Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement. Local traffic management. Local amenity including pedestrian amenity. An empirical assessment of car parking demand. Any other relevant consideration.
52.06-2
19/01/2006 VC37
Design and construction
Car parking plan Before any use commences or any building or works associated with that use or an existing use is constructed, a plan must be prepared to the satisfaction of the responsible authority showing all required car spaces, access lanes, driveways and associated works and landscaping. Provision before commencement Before any use commences or any new building is occupied, the car spaces, access lanes, driveways and associated works and landscaping shown on the plan must, to the satisfaction of the responsible authority, be provided and available for use and be:

Formed to such levels and drained so that they can be used in accordance with the plan. Treated with an all-weather seal or some other durable surface. Line-marked or provided with some other adequate means of showing the car spaces.
Decision guidelines Before deciding that any plan is satisfactory, in addition to the decision guidelines in Clause 65, the responsible authority must consider:

Any relevant parking precinct plan. Whether the layout of car spaces and access lanes are consistent with Clause 52.06-5 or a variation generally in accordance with Australian Standard AS2890.1 - 1993, Parking facilities, Part 1: Off-street car parking. The protection and enhancement of the streetscape.
PAGE 2 OF 6
The provision of landscaping for screening and shade. The design and construction standards proposed for paving, drainage, line marking, signage, lighting and other relevant matters. The provision for pedestrian movement within and around the parking area. The measures proposed to enhance the security of people using the parking area. The provision of parking facilities for cyclists and disabled people. The type and size of vehicle likely to use the parking area. The ease and safety with which vehicles gain access to the site and circulate within the parking area. The need for the required car spaces to adjoin the premises used by each occupier, if the land is occupied by more than one occupier.
52.06-3
19/01/2006 VC37
Design of car spaces and accessways
Design requirements Accessways should:

Be at least 3 metres wide. Have an internal radius of at least 4 metres at changes of direction or intersections or be wider than 4.2 metres. Provide a turning space so that cars can exit the site in a forward direction if the accessway serves four or more car spaces or connects to a road in a Road Zone. Provide a passing area at the entrance at least 5 metres wide and 7 metres long if the accessway serves ten or more spaces and is either more than 50 metres long or connects to a road in a Road Zone.
Car spaces and accessways should have the following minimum dimensions:
Angle of car spaces to accessway Parallel 45 60 90 Accessway width Car park width Car park length
3.6 m 3.5 m 4.9 m 6.4 m 5.8 m 5.2 m 4.8 m
2.3 m 2.6 m 2.6 m 2.6 m 2.8 m 3.0 m 3.2 m
6.7 m 4.9 m 4.9 m 4.9 m 4.9 m 4.9 m 4.9 m
A building may project into the space if it is at least 2.1 metres above the space. If entry to the car space is from a road, the width of the accessway may include the road. If an accessway to 4 or more car spaces is from land in a Road Zone, the access to the car spaces must be at least 6 metres from the frontage.
PAGE 3 OF 6
Variation of requirement A permit may be granted to vary any dimension or requirement of this clause. Before deciding on an application, the responsible authority must consider:
Whether the dimensions and layout of car spaces and access lanes are generally in accordance with Australian Standard AS2890.1 - 1993, Parking facilities, Part 1: Offstreet car parking. Any relevant parking precinct plan.
52.06-4
15/09/2008 VC49
Dwellings and residential buildings The requirements of Clauses 52.06 do not apply to an application to construct or extend a dwelling or a residential building under any provision of this scheme if the land is in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or Township Zone unless the development is four or more storeys, excluding a basement. Car parking table
USE Residential building, other than specified in this table Caretakers house Dwelling, other than Caretakers house if at least 2 on a lot Shop other than specified in this table CAR SPACE MEASURE Car spaces to each lodging room RATE 1
52.06-5
19/01/2006 VC37
Car spaces to each dwelling Car spaces to each dwelling
1 2
Car spaces to each 100 sq m of leasable floor area Car spaces to each 100 sq m of net floor area Car spaces to each seat available to the public Car spaces to each 100 sq m of net floor area
Betting agency Market Restaurant
0.6
Office other than specified in this table Postal agency Hotel or Tavern
3.5
Car spaces to each 100 sq m of bar floor area available to the public, plus Car spaces to each 100 sq m of lounge floor area available to the public
60
30
Motel
Car spaces to each unit, plus Car spaces to each resident employee, plus Car spaces to each 100 sq m of motel service floor area not available for use by guests
1 1
Industry other than specified in this table Mail centre
Car spaces to each 100 sq m of net floor area
2.9
PAGE 4 OF 6
USE Materials recycling Fuel depot Milk depot Motor repairs Plant nursery Saleyard Store other than specified in this table Timber yard Utility installation Freezing and cool storage Warehouse other than specified in this table Display home
CAR SPACE MEASURE Percentage of site area to be set aside for car spaces and access lanes, but not driveways Percentage of site area to be set aside for car spaces and access lanes, but not driveways
RATE 10
10
Car spaces to each 100 sq m of net floor area Car spaces to each dwelling for five or fewer contiguous dwellings, plus Car spaces to each additional contiguous dwelling
1.5
Medical centre Veterinary centre Hospital
Car spaces to each practitioner
Car spaces to each bed available for use by patients Car spaces to each seat or to each sq m of net floor area, whichever is greater Car spaces to each hole Car spaces to each rink Car spaces to each court Car spaces to each 100 sq m of site Car spaces to each court
1.3
Place of assembly Funeral parlour Golf course Bowling green Squash court other than in conjunction with a dwelling Swimming pool other than in conjunction with a dwelling Tennis court other than in conjunction with a dwelling Primary school Secondary school Tertiary institution
0.3
4 6 3 5.6
Car spaces to each employee Car spaces to each employee Car spaces to each full-time student and three part-time students Car spaces to each premises
1 1.2 0.6
Convenience shop if the leasable floor area exceeds 80 sq m
10
52.06-6
19/01/2006 VC37
Parking precinct plan A parking precinct plan is a strategic plan relating to parking of cars and other vehicles within a defined area which is incorporated into this scheme and listed in the schedule to this clause. A parking precinct plan may form part of a more general land use or other strategic plan or policy.
PAGE 5 OF 6
A parking precinct plan may specify different requirements to those set out in the table at Clause 52.06-5. The parking precinct plan must include the following information:

The purpose of the plan. The area to which the plan applies. The parking outcomes to be achieved by the parking precinct plan. An assessment of car parking demand and supply in the precinct. Any locational, financial, landscape or other actions or requirements necessary to implement the parking precinct plan.
PAGE 6 OF 6
19/01/2006 VC37
SCHEDULE TO CLAUSE 52.06-6 Name of Incorporated Parking Precinct Plan

None specified
Requirement
PAGE 1 OF 1
52.07
19/01/2006 VC37
LOADING AND UNLOADING OF VEHICLES Purpose To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety. Requirements to be met No building or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless: Space is provided on the land for loading and unloading vehicles as specified in the table below. The driveway to the loading bay is at least 3.6 metres wide. If a driveway changes direction or intersects another driveway, the internal radius at the change of direction or intersection must be at least 6 metres. The road that provides access to the loading bay is at least 3.6 metres wide. A permit may be granted to reduce or waive these requirements if either: The land area is insufficient. Adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority.
FLOOR AREA OF BUILDING 2,600 sq m or less in single occupation MINIMUM LOADING BAY DIMENSIONS Area Length Width Height clearance Additional 18 sq m 27.4 sq m 7.6 m 3.6 m 4.0 m
For every additional 1,800 sq m or part
PAGE 1 OF 1
52.08
17/09/2007 VC45
EARTH RESOURCE EXPLORATION AND DEVELOPMENT
Purpose To allow land to be used and developed for mineral exploration without the need for a permit. To ensure that mining and geothermal energy extraction are not prohibited land uses. To allow land to be used and developed for mining or geothermal energy extraction either subject to a permit (except in those areas where a permit is not required) or subject to the preparation of an environmental effects statement under the Environment Effects Act 1978. To ensure that mining or geothermal energy extraction is carried out in accordance with acceptable environmental standards. 52.08-1
19/01/2006 17/09/2007 VC37 VC45
Mineral exploration Land may be used or developed for mineral exploration carried out under a licence issued under the Mineral Resources (Sustainable Development) Act 1990, without the need for a permit. Mining
52.08-2
17/09/2007 VC45
Permit requirement A permit is required to use or develop land for mining. This does not apply if either: An environment effects statement has been prepared under the Environment Effects Act 1978 and mining is exempt from the requirement to obtain a permit under Section 42 or Section 42A of the Mineral Resources (Sustainable Development) Act 1990. The mining is in accordance with and within an area covered by a mining licence granted or Order made by the Governor in Council under Section 47A of the Electricity Industry Act 1993.
52.08-3
09/10/2006 VC42
Geothermal Energy Exploration Land may be used or developed for geothermal energy exploration carried out under a permit granted under the Geothermal Energy Resources Act 2005, without the need for a permit. Geothermal Energy Extraction
52.08-4
09/10/2006 VC42
Permit requirement A permit is required to use or develop land for geothermal energy extraction. This does not apply if an environment effects statement has been prepared under the Environment Effects Act 1978 and geothermal energy extraction is exempt from the requirement to obtain a permit under Section 62 of the Geothermal Energy Resources Act 2005.
PAGE 1 OF 1
52.09
17/09/2007 VC45
EXTRACTIVE INDUSTRY AND EXTRACTIVE INDUSTRY INTEREST AREAS Purpose To ensure that use and development of land for extractive industry does not adversely affect the environment or amenity of the area during or after extraction. To ensure that excavated areas can be appropriately rehabilitated. To ensure that sand and stone resources, which may be required by the community for future use, are protected from inappropriate development.
52.09-1
19/01/2006 VC37
Application These provisions apply to: The use and development of land for extractive industry. The use and development of land within a designated extractive industry interest area. The use and development of land within 500 metres of an extractive industry.
52.09-2
19/01/2006 VC37
Requirements
Cessation of use Permits for extractive industry must not include conditions which require the use to cease by a specified date unless either: The subject land is situated in or adjoins land which is being developed or is proposed to be developed for urban purposes. Such condition is suggested by the applicant. Boundary setback Except with a permit, no alteration may be made to the natural condition or topography of the land within 20 metres of the boundary of the land. This does not apply to driveways, drains, bund walls or landscaping. Screen planting Shrubs and trees must be planted and maintained to screen activity on the site to the satisfaction of the responsible authority. Parking areas Parking areas must be provided for employees cars and all vehicles used on the site to the satisfaction of the responsible authority. 52.09-3
17/09/2007 VC45
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, responsible authority must consider, as appropriate: The effect of the proposed extractive industry on any native flora and fauna on and near the land.
PAGE 1 OF 2
The impact of the extractive industry operations on sites of cultural and historic significance, including any effects on Aboriginal places. The effect of the extractive industry operation on the natural and cultural landscape of the surrounding land and the locality generally. The ability of the extractive industry operation to contain any resultant industrial emissions within the boundaries of the subject land in accordance with the Regulations associated with the Extractive Industries Development Act 1995 and other relevant regulations. The effect of vehicular traffic, noise, blasting, dust and vibration on the amenity of the surrounding area. The ability to rehabilitate the affected land to a form or for a use which is compatible with the natural systems or visual appearance of the surrounding area. The ability to rehabilitate the land so it can be used for a purpose or purposes beneficial to the community. The effect of the proposed extractive industry on groundwater and quality and the impact on any affected water uses. The impact of the proposed extractive industry on surface drainage and surface water quality. Any proposed provisions, conditions or requirements in a Work Authority to be issued under the Extractive Industries Development Act 1995. 52.09-4
19/01/2006 VC37
Notice of an application Notice of the kinds of application listed below must be given under Section 52(1)(c) of the Act to the person or body specified as a person or body to be notified in Clause 66.05: An application to use or subdivide land or construct a building for Accommodation, Child care centre, Education centre or Hospital: Within an Extractive Industry Interest Area. On land which is within 500 metres of land on which a work authority has been applied for or granted under the Extractive Industries Development Act 1995. An application which to construct a building or construct or carry out works on land for which a work authority has been applied for or granted under the Extractive Industries Development Act 1995. These requirements do not apply to an extension to buildings or works.
PAGE 2 OF 2
52.10
19/01/2006 VC37
USES WITH ADVERSE AMENITY POTENTIAL Purpose To define those types of industries and warehouses which if not appropriately designed and located may cause offence or unacceptable risk to the neighbourhood. Definition The threshold distance referred to in the table to this clause is the minimum distance from any part of the land of the proposed use or buildings and works to land (not a road) in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. NOTE 1 of the table: The threshold distance is variable, dependent on the processes to be used and the materials to be processed or stored. NOTE 2 of the table: An assessment of risk to the safety of people located off the land may be required. Table to Clause 52.10
TYPE OF PRODUCTION, USE OR STORAGE (PURPOSE) Food, Beverages & Tobacco Abattoir: Smallgoods production Manufacture of milk products: Production of vegetable oils and fats using solvents: Flour mill: Bakery (other than one ancillary to a shop): Seafood processor: Maltworks: Tobacco and cigarette production: Poultry processing works Freezing and cool storage Milk depot Food or beverage production other than above: Textiles Dyeing or finishing of cotton, linen and woollen yarns and textiles: Carpet backing with latex: 300 500 100 300 300 300 100 500 300 500 100 150 100 Note 1 THRESHOLD DISTANCE (METRES) NOTES
300
PAGE 1 OF 4
TYPE OF PRODUCTION, USE OR STORAGE (PURPOSE)
THRESHOLD DISTANCE (METRES)
NOTES
Production of artificial fibres & textiles: cellulose nitrate or viscose fibre, cellophane or 1,000 artificial rubber other synthetic fibres and textiles 500 Treatment or production of textiles: using carbon disulphide using other substances Rope, cordage and twine production: Wool scouring: Wood, Wood Products & Furniture Sawmill: Charcoal production: by the retort process other than by the retort process Wood preservation plant: Wood-fibre or wood-chip products: Joinery: Paper & Paper Products: Paper or paper pulp production: involving combustion of sulphur containing materials from semi-processed materials from prepared cellulose & rags by other methods than above Chemical, Petroleum & Coal Products Chemical Fertiliser production: Industrial gases production: Polyester resins production 1,000 1,000 1,000 500
Note 2 Note 2
500
Note 2 Note 1
100 200
500 1,000 100 1,500 100
or
sulphur 5,000 100 200
Note 2
Note 1
Note 2 Note 2 Note 2 Note 2
Synthetic resins & rubber production other than 1,000 above: Ammunition, explosives and fireworks production: Formaldehyde production: Paints and inks : manufacture blending and mixing only Pharmaceutical and veterinary production: Biocides production and storage: Soap and other detergents production: Cosmetics and toilet preparations production: Inks production: 1,000 300
Note 2 Note 2
1,000 300 1,000 1,000 300 100 300
Note 2
PAGE 2 OF 4
TYPE OF PRODUCTION, USE OR STORAGE (PURPOSE) Petroleum refinery: Briquette production: Other petroleum or coal production: Organic industrial chemicals production other than above: Inorganic industrial chemicals production other than above: Chemical products other than above: Non-metallic Mineral Products Glass and glass production including glass wool: Rock wool manufacture: Clay bricks, tiles and pipe refractories, with a design production rate exceeding 10,000 tonnes a year: Cement production in amounts: up to 5,000 tonnes a year between 5,000 & 150,000 tonnes a year exceeding 150,000 tonnes a year Concrete batching plant: Bitumen batching plant: Concrete article or stone article production: Plaster or plaster articles production: Basic Metal Products Works producing iron or steel products in amounts: up to 1,000,000 tonnes a year exceeding 1,000,000 tonnes a year Production of non-ferrous metals as: aluminium by electrolysis other non-ferrous metals in amounts: . up to 100 tonnes a year . between 100 & 2,000 tonnes a year . exceeding 2,000 tonnes a year Fabricated Metal Products Structural or sheet metal production: Works producing iron or steel products in amounts: up to 1,000,000 tonnes per year exceeding 1,000,000 tonnes per year Boiler makers Abrasive blast cleaning: Miscellaneous Manufacturing Rendering and casings works:
THRESHOLD DISTANCE (METRES) 2,000 300 500 1,000
NOTES
Note 2
Note 2 Note 2
1,000
Note 2
300
Note 2
500 500 200
300 500 1,000 300 500 100 100
100 1,000
2,000 100 300 500
500
100 1,000 100 Note 1
1,000
PAGE 3 OF 4
TYPE OF PRODUCTION, USE OR STORAGE (PURPOSE) Leather tanning and dressing: Leather and artificial leather goods production: Rubber production, using either organic solvents or carbon black: Fibreglass production: Printing and coating works with heated curing ovens: Transport and Storage Storage of petroleum products and crude oil in tanks exceeding 2,000 tonnes capacity: with fixed roofs with floating roofs Grain elevators: Storage of wet-salted or unprocessed hides: Storage of bulk volatile organic compounds in quantities greater than 1,000 tonnes: Sanitary and garbage disposal in: Landfill Recycling and composting centre Sanitary and garbage storage and treatment in transfer station Depot for refuse collection vehicles Temporary storage of industrial wastes: Treatment of aqueous waste: Treatment of organic waste: Waste incinerator for: Woodwaste Plastic or rubber waste Chemical, biomedical or organic waste
THRESHOLD DISTANCE (METRES) 300 300 300
NOTES
Note 2
200 500
Note 2 300 100 300 300
1,000
Note 2 Note 1
200 300
100 300 200 500 Note 2 Note 2 Note 2
300 500
Note 2 Notes 1, 2
Recreation, Personal & Other Services Industrial dry cleaning: Industrial laundry: Other Premises Panel beating: Composting: Rural industry handling, processing or packing agricultural produce: 300 100 Note 1 100 100 Note 2
PAGE 4 OF 4
52.11
19/01/2006 VC37
HOME OCCUPATION Purpose To ensure that the amenity of the neighbourhood is not adversely affected by an occupation conducted in or from a dwelling.
52.11-1
19/01/2006 VC37
Requirements to be met A home occupation must meet the following requirements: The person conducting the home occupation must use the dwelling as their principal place of residence. No more than one person who does not live in the dwelling may work in the occupation. The gross floor area used in conducting the occupation including the storage of any materials or goods must not exceed 50 square metres or one-third of the gross floor area of the dwelling, whichever is the lesser. The occupation must not impose a load on any utility greater than normally required for domestic use. The occupation must not adversely affect the amenity of the neighbourhood in any way including: The appearance of any building, works or materials used. The parking of motor vehicles. The transporting of materials or goods to or from the dwelling. The hours of operation. Electrical interference. The storage of chemicals, gasses or other hazardous materials. Emissions from the site. No motor vehicle may be serviced or repaired for gain. Only one commercial vehicle (a commercial goods vehicle, commercial passenger vehicle or tow truck within the meaning of the Transport Act 1983), not exceeding 2 tonnes capacity and with or without a trailer registered to a resident of the dwelling may be present at any time. The vehicle must not be fuelled or repaired on the site. No goods other than goods manufactured or serviced in the home occupation may be offered for sale. Materials used or goods manufactured, serviced or repaired in the home occupation must be stored within a building. No goods manufactured, serviced or repaired may be displayed so that they are visible from outside the site.
52.11-2
19/01/2006 VC37
Permit required Despite the requirements of Clause 52.11-1, a permit may be granted for a home occupation: Which allows no more than two persons who do not live in the dwelling to work in the occupation; or
PAGE 1 OF 2
Which has a floor area not exceeding 100 square metres or one-third of the gross floor area of the dwelling, whichever is the lesser. Which allows no more than one additional commercial vehicle (a commercial goods vehicle, commercial passenger vehicle or tow truck within the meaning of the Transport Act 1983), not exceeding two tonnes capacity and with or without a trailer registered to a resident of the dwelling, to be present at any time. Decision Guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Whether there is a need for additional parking or loading facilities. The effect of any vehicle parking, storage or washing facilities on the amenity and character of the street. Whether the site is suitable for the particular home occupation and is compatible with the surrounding use and development. Whether there is a need for landscaping to screen any outbuildings or car parking or loading areas or any other area relating to the home occupation.
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52.12
19/01/2006 VC37
SERVICE STATION
Purpose To ensure that amenity, site layout and design are considered when land is to be used for a service station, especially if the site adjoins a residential zone. To ensure that use of land for a service station does not impair traffic flow or road safety. 52.12-1
19/01/2006 VC37
Requirements to be met Land may be used for a service station only if the following requirements are met. A permit may be granted to vary the requirements, if the responsible authority considers a better design solution will result. Site area and dimensions The site must be at least 1,080 square metres. The frontage must be at least 36 metres (30 metres if the site is on a corner) and the depth at least 30 metres. Crossovers No more than 2 vehicle crossovers may service the site from a road and at the road alignment a crossover must be: No wider than 7.7 metres. At least 4.5 metres from another crossover on the site. At least 4.5 metres from another road or if a splayed corner, at least 7.7 metres from the splay. At least 1.8 metres from a crossover on another property. Kerb or barrier Except at crossovers, a kerb or barrier must be built along the road alignment to prevent the passage of vehicles. Road setbacks A wall of a building must be at least 9 metres from a road. A canopy must be at least 2.5 metres from a road. Petrol pumps, pump islands, water and air supply points and storage tank filling points must be at least 3.6 metres from a road. Petrol tankers must be wholly on the site when storage tanks are being filled. Driveway space must be sufficient to enable a vehicle 13.8 metres by 2.5 metres to enter and leave the site without reversing. No vehicle may be serviced unless it is wholly on the site.
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Discharge of waste Waste from a vehicle wash area must drain into a public sewer or a settlement and oil separation system. The system must comply with the Environment Protection Act 1970 and be installed to the satisfaction of the responsible authority. Amenity requirements The amenity of the locality must not be adversely affected by activity on the site, the appearance of any building, works or materials, emissions from the premises or in any other way. Trailers for hire If trailers are for hire on the site: The site must be at least 1,080 square metres. All trailers must be wholly on the site and must not encroach on landscaping or car parking areas or accessways. On a corner site, a trailer higher than 1 metre must be parked at least 9 metres from the corner. Adjoining residential zone If the site adjoins a residential zone: A landscape buffer strip at least 3 metres wide along the common boundary must be planted and maintained to the satisfaction of the responsible authority. External lights must be directed away from the residential zone to prevent light spill and glare.
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52.13
21/09/2009 VC60
CAR WASH
Purpose To ensure that amenity, site layout and design are considered when land is to be used for a car wash, especially if the site adjoins a residential zone. To ensure that use of land for a car wash does not impair traffic flow or road safety. Requirements to be met Land may be used for a car wash only if the following requirements are met. A permit may be granted to vary the requirements, if the responsible authority considers the purposes of this clause are satisfied. Crossovers No more than 2 vehicle crossovers may give access to the site from a road and at the road alignment a crossover must be:

No wider than 7.7 metres. At least 4.5 metres from another crossover on the site. At least 7.7 metres from another road or if a splayed corner, at least 7.7 metres from the splay. At least 1.8 metres from a crossover on another property.
Kerb or barrier Except at crossovers, a kerb or barrier must be built along the road alignment to prevent the passage of vehicles. Queuing lane A queuing lane on the site must be able to accommodate at least 10 vehicles before entry to a car wash. If petrol is available for sale to vehicles queuing to be washed, the lane must be able to accommodate at least 10 vehicles before the petrol-selling point. The lane must be clearly shown on the ground and marked for use only by vehicles queuing to be washed. The area between the exit from a car wash and the nearest crossover must be able to accommodate at least 2 vehicles in single file. Discharge of waste Waste from a vehicle wash area must drain into a public sewer or a settlement and oil separation system. The system must comply with the Environment Protection Act 1970 and be installed to the satisfaction of the responsible authority.
PAGE 1OF 2
Amenity requirements The amenity of the locality must not be adversely affected by activity on the site, the appearance of any building, works or materials, emissions from the premises or in any other way. No building or works may be of temporary or portable construction. Adjoining residential zone If the site adjoins a residential zone, a landscape buffer strip at least 3 metres wide along the common boundary must be planted and maintained to the satisfaction of the responsible authority.
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52.14
19/01/2006 VC37
MOTOR VEHICLE, BOAT OR CARAVAN SALES
Purpose To ensure that amenity, site layout and design are considered when land is to be used for motor vehicle, boat or caravan sales, especially if the site adjoins a residential zone. To ensure that use of land for motor vehicle, boat or caravan sales does not impair traffic flow or road safety. Requirements to be met Land may be used for motor vehicle, boat or caravan sales only if the following requirements are met. A permit may be granted to vary the requirements. No more than 2 vehicle crossovers may service the site from a road and at the road alignment a crossover must be no wider than 9.2 metres. Except at crossovers, a kerb or barrier must be built along the road alignment to prevent the passage of vehicles and to prevent vehicles protruding beyond the site boundary. Except where a kerb or barrier is installed, the area within 6 metres of the road must be sealed to the satisfaction of the responsible authority. No building other than an office with a floor area not exceeding 19 square metres and toilet facilities may be built on the site. The site must contain a concrete bay for washing vehicles and waste from the bay must drain into a public sewer or a settlement and oil separation system. The system must comply with the Environment Protection Act 1970 and be installed to the satisfaction of the responsible authority. Vehicles may be washed only in the washing bay. Water from the site must be discharged by an underground pipe to an approved outlet to the satisfaction of the responsible authority. No vehicle for sale or hire may be displayed on an adjacent road. No vehicle may be repaired on the site. An area of at least 1 space to each 10 spaces or part must be set aside on the site for customer and employee car parking and for valuing vehicles. The area must be clearly marked by a sign reading `customer parking with the letters at least 50 millimetres high. On a car sales or hire site, the number of cars for sale or hire must not exceed 1 to each 30 square metres of site area. If the site is more than one lot it must be consolidated into one title. If the site adjoins a residential zone: A landscape buffer strip at least 3 metres wide must be provided on the site along the common boundary and planted and maintained to the satisfaction of the responsible authority. Except for the landscape buffer strip, all of the site not occupied by buildings must be sealed to prevent dust. External lights must be directed away from the residential zone to prevent light spill and glare.
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52.15
19/01/2006 VC37
HELIPORT Purpose To provide an opportunity to consider the effect of a heliport or helipad on the amenity of surrounding areas. Permit requirement A permit is required to use or develop any land for a heliport or helipad even if it is ancillary to another use on the land.
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52.16
15/12/2008 VC50
NATIVE VEGETATION PRECINCT PLAN Purpose To protect and conserve native vegetation to reduce the impact of land and water degradation and provide habitat for plants and animals. To achieve the following objectives:

To avoid the removal of native vegetation. If the removal of native vegetation cannot be avoided, to minimise the removal of native vegetation through appropriate planning and design. To appropriately offset the loss of native vegetation.
To provide for the protection, management and removal of native vegetation in accordance with a native vegetation precinct plan. 52.16-1
15/09/2008 VC49
Application This clause applies to land if a native vegetation precinct plan corresponding to that land is incorporated into this scheme. Native vegetation precinct plans A native vegetation precinct plan is a plan relating to native vegetation within a defined area which is incorporated into this scheme and listed in the schedule to this clause. A native vegetation precinct plan may form part of a more general strategic or precinct structure plan. A native vegetation precinct plan may require specified works to be provided or specified payments to be made to offset the removal, destruction or lopping of native vegetation. The native vegetation precinct plan must:

52.16-2
15/09/2008 VC49
Specify the purpose of the plan. Specify the area to which the plan applies. Specify the native vegetation which can be removed, destroyed or lopped. Specify the native vegetation to be protected. Set out the conservation significance and status of the native vegetation to be protected, and the vegetation protection objective to be achieved. Set out the works, payments or other actions necessary to offset the removal, destruction or lopping of native vegetation. Relate the need for the works, payments or other actions to the proposed removal, destruction or lopping of native vegetation in the area. Provide for the procedures for the collection of any payments.
A native vegetation precinct plan may include any other information necessary to achieve the purpose and effective implementation of the plan. 52.16-3
15/09/2008 VC49
Permit requirement A permit is required to remove, destroy or lop any native vegetation, including dead native vegetation. This does not apply:
If the removal, destruction or lopping of native vegetation is in accordance with a native vegetation precinct plan incorporated into this scheme. Any conditions or requirements specified in the plan must be met. To the removal, destruction or lopping of native vegetation specified in the table to Clause 52.16-4, unless a native vegetation precinct plan specifies otherwise.
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52.16-4
15/12/2008 VC50
Table of exemptions
No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply: Regrowth
The native vegetation is regrowth which has naturally established or regenerated on land lawfully cleared of naturally established vegetation and is within the boundary of a timber production plantation, as indicated on a Plantation Development Notice or other documented record, and has established after the plantation. This exemption does not apply to land on which native vegetation has been cleared or otherwise destroyed or damaged as a result of flood, fire or other natural disaster.
Bracken
The native vegetation is bracken (Pteridium esculentum) which has naturally established or regenerated on land lawfully cleared of naturally established vegetation. This exemption does not apply to land on which native vegetation has been cleared or otherwise destroyed or damaged as a result of flood, fire or other natural disaster.
Pest animal burrows
The native vegetation is to be removed, destroyed or lopped to enable the removal of pest animal burrows in accordance with the written agreement of an officer of the Department responsible for administering the Flora and Fauna Guarantee Act 1998. The native vegetation is to be removed, destroyed or lopped to comply with a land use condition served under the Catchment and Land Protection Act 1994. The native vegetation is to be removed, destroyed or lopped to comply with land management notice issued under the Catchment and Land Protection Act 1994. The native vegetation has been planted or grown as a result of direct seeding for Crop raising or Extensive animal husbandry. The native vegetation presents an immediate risk of personal injury or damage to property and only that part of vegetation which presents the immediate risk is removed, destroyed or lopped. The native vegetation is to be removed, destroyed or lopped by a public authority or municipal council to create an emergency access or to enable emergency works. The native vegetation is to be removed, destroyed or lopped for the making of a fuelbreak by or on behalf of a public authority in accordance with a strategic fuelbreak plan approved by the Secretary of the Department of Sustainability and Environment. The maximum width of a fuelbreak must not exceed 40 metres. The native vegetation is to be removed, destroyed or lopped for fire fighting measures, periodic fuel reduction burning, or PAGE 2 OF 5
Land use conditions
Planted vegetation
Emergency works
Fire protection
No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply: the making of a fuel break up to 6 metres wide.

The native vegetation is ground fuel within 30 metres of a building. The native vegetation is to be removed, destroyed or lopped in accordance with a fire prevention notice under:

The native vegetation is to be removed, destroyed or lopped to keep the whole or any part of any vegetation clear of an electric line in accordance with a code of practice prepared under Part 8 of the Electricity Safety Act 1998. The native vegetation is to be removed, destroyed or lopped in accordance with any code of practice prepared in accordance with Part 8 of the Electricity Safety Act 1998 in order to minimise the risk of bushfire ignition in the proximity of electricity lines. The native vegetation is to be removed, destroyed or lopped for establishing sight-lines for the measurement of land by surveyors in the exercise of their profession, and if using hand-held tools. The native vegetation is to be removed, destroyed or lopped to maintain the safe and efficient function of an existing public road managed by the relevant responsible road authority (as defined by the Road Management Act 2004) in accordance with the written agreement of the Secretary of the Department of Sustainability and Environment. The native vegetation is to be removed, destroyed or lopped to maintain the safe and efficient function of an existing railway or railway access road, in accordance with the written agreement of the Secretary of the Department of Sustainability and Environment. The native vegetation is to be removed, destroyed or lopped to enable the carrying out of Extractive industry in accordance with a work plan approved under the Extractive Industries Development Act 1995 and authorised by a work authority granted under that Act. The native vegetation is to be removed, destroyed or lopped to enable the carrying out of the Search for stone. The maximum extent of native vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following:

Surveying
Public roads
Railways
Extractive industry
Search for stone
1 hectare of vegetation which does not include a tree. 15 trees if each tree has a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level.
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No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply:
5 trees if each tree has a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level.
This exemption does not apply to native vegetation to be removed, destroyed or lopped to enable costeaning and bulk sampling activities. Mining
The vegetation is to be removed, destroyed or lopped to enable the carrying out of Mining in accordance with a work plan approved under the Mineral Resources (Sustainable Development) Act 1990 and authorised by a work authority granted under that Act. The native vegetation is to be removed, destroyed or lopped to enable the carrying out of Mineral exploration. The native vegetation is to be removed, destroyed or lopped to enable the carrying out of geothermal energy exploration or extraction in accordance with the Geothermal Energy Resources Act 2005.
52.16-5
15/09/2008 VC49
Application requirements An application to remove, destroy or lop native vegetation must be accompanied by the following information, as appropriate:

A photograph or site plan (drawn to scale) showing the boundaries of the site, existing native vegetation and the native vegetation to be removed. A description of the native vegetation to be removed, including the extent and type of native vegetation, the number and size of any trees to be removed and, if possible, the Ecological Vegetation Class of the native vegetation. Topographic information, highlighting ridges, crests and hilltops, streams and waterways, slopes of more than 20 percent, drainage lines, low lying areas, saline discharge areas, and areas of existing erosion. A written explanation of the steps that have been taken to:

Avoid the removal of native vegetation, where possible. Minimise the removal of native vegetation. Appropriately offset the loss of native vegetation, if required.
A written statement which explains how the proposal responds to the decision guidelines in Clause 52.16-6.
52.16-6
15/09/2008 VC49
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: General issues

Victorias Native Vegetation Management A Framework for Action (Department of Natural Resources and Environment 2002). Whether the proposed development can be located and designed to avoid the removal of native vegetation. Whether the proposed development is located and designed to minimise the removal of native vegetation.
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The need to offset the loss of native vegetation having regard to the conservation significance of the vegetation. The cumulative impact of native vegetation removal on biodiversity conservation and management.
Native vegetation precinct plans

The purpose and objectives of the native vegetation precinct plan. The effect on native vegetation identified for protection in the native vegetation precinct plan. The potential for the effectiveness of the native vegetation precinct plan to be undermined. The potential for the proposed development to lead to the loss or fragmentation of native vegetation identified for protection in the native vegetation precinct plan. Offset requirements in the native vegetation precinct plan.
Land protection

Whether the proposed works will adversely affect the land protection role of the native vegetation. The need to mitigate any adverse impacts of native vegetation removal.
Conservation significance

The conservation status and significance of the native vegetation. The quality and condition of the vegetation. The strategic location of the native vegetation in the local landscape.
Offsets
The offset criteria in Victorias Native Vegetation Management A Framework for Action (Department of Natural Resources and Environment 2002) and any relevant Regional Vegetation Plan. The long term security of the offset.
Aboriginal cultural heritage
The conservation of native vegetation protected under the Aboriginal Heritage Act 2006.
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15/09/2008 VC49
1.0
15/09/2008 VC49
Native vegetation precinct plan

Name of plan None specified
PAGE 1 OF 1
52.17
21/09/2009 VC60
NATIVE VEGETATION Purpose To protect and conserve native vegetation to reduce the impact of land and water degradation and provide habitat for plants and animals. To achieve the following objectives:

To avoid the removal of native vegetation. If the removal of native vegetation cannot be avoided, to minimise the removal of native vegetation through appropriate planning and design. To appropriately offset the loss of native vegetation.
To provide for the management and removal of native vegetation in accordance with a property vegetation plan. To manage vegetation near buildings to reduce the threat to life and property from wildfire. 52.17-1
15/09/2008 VC49
Native vegetation precinct plans This clause does not apply if a Native vegetation precinct plan corresponding to the land is incorporated into this scheme. Permit requirement A permit is required to remove, destroy or lop native vegetation, including dead native vegetation. This does not apply:

52.17-2
15/09/2008 VC49
If the table to Clause 52.17-6 specifically states that a permit is not required. To the removal, destruction or lopping of native vegetation specified in the schedule to this clause. To an area specified in the schedule to this clause.
52.17-3
15/09/2008 VC49
Application requirements An application to remove, destroy or lop native vegetation must be accompanied by the following information, as appropriate:

A photograph or site plan (drawn to scale) showing the boundaries of the site, existing native vegetation and the native vegetation to be removed. A description of the native vegetation to be removed, including the extent and type of native vegetation, the number and size of any trees to be removed and, if possible, the Ecological Vegetation Class of the native vegetation. Topographic information, highlighting ridges, crests and hilltops, streams and waterways, slopes of more than 20 percent, drainage lines, low lying areas, saline discharge areas, and areas of existing erosion. A written explanation of the steps that have been taken to:

Avoid the removal of native vegetation, where possible. Minimise the removal of native vegetation. Appropriately offset the loss of native vegetation, if required.
A copy of any property vegetation plan that applies to the site.
52.17-4
16/03/2006 VC38
Property vegetation plans Any permit granted to remove, destroy or lop native vegetation in accordance with a property vegetation plan:
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May include conditions which reflect relevant restrictions or obligations contained in that plan. Must include the following condition: This permit will expire if one of the following circumstances applies: the development or any stage of it does not start within ten years of the date of this permit. the development or any stage of it is not completed within ten years of the date of this permit.
52.17-5
17/09/2007 VC45
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: General issues

Victorias Native Vegetation Management A Framework for Action (Department of Natural Resources and Environment 2002). Whether the proposed development can be located and designed to avoid the removal of native vegetation. Whether the proposed development is located and designed to minimise the removal of native vegetation. The need to offset the loss of native vegetation having regard to the conservation significance of the vegetation. The conservation and enhancement of the area. The preservation of and impact on the natural environment or landscape values. Any relevant approved Regional Vegetation Plan. Whether the proposed development is in accordance with any property vegetation plan that applies to the site. The cumulative impact of native vegetation removal on biodiversity conservation and management.
Land protection
The role of the native vegetation in:
Protecting water quality and waterway and riparian ecosystems, particularly within 30 metres of a wetland or waterway and in special water supply catchment areas listed in the Catchment and Land Protection Act 1994. Preventing land degradation, including soil erosion, salinisation, acidity, instability and water logging, particularly: Where ground slopes are more than 20 per cent. On land which is subject to soil erosion or slippage. In harsh environments, such as coastal or alpine areas.
Preventing adverse effects on groundwater recharge, particularly on land where groundwater recharge to saline watertables occurs or which is in proximity to a discharge area.
Whether the proposed works will adversely affect the land protection role of the native vegetation. The need to mitigate any adverse impacts of native vegetation removal.
Conservation significance
The conservation status of the native vegetation.
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The quality and condition of the vegetation The strategic location of the native vegetation in the local landscape. Whether the native vegetation is a threatened community, or provides habitat for threatened fauna or flora, as listed in the Flora and Fauna Guarantee Act 1988. Whether the removal of the native vegetation could jeopardise the integrity or long term preservation of an identified site of scientific, nature conservation or cultural significance.
Offsets

The conservation significance of the native vegetation. The offset criteria in Victorias Native Vegetation Management A Framework for Action (Department of Natural Resources and Environment 2002). Offset requirements in an approved Regional Vegetation Plan. The long term security of the offset.
Timber production
In the case of timber production, the benefit of including a condition requiring operations to be carried out in accordance with any relevant code of practice under Part 5 of the Conservation, Forests and Lands Act 1987.
Aboriginal cultural heritage
The conservation of native vegetation protected under the Aboriginal Heritage Act 2006.
52.17-6
21/09/2009 VC60
Table of exemptions
No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply: Lopping and pruning for maintenance
The native vegetation is to be pruned or lopped for maintenance only and no more than 1/3 of the foliage is removed from any individual plant. This exemption does not apply to:

Pruning or lopping of the trunk of a tree or shrub. Native vegetation within a road or railway reservation.
Grasses
The native vegetation is a grass and is to be mown or slashed for maintenance only. Under this exemption the grass must be:

Located within a lawn, garden or other planted area; or Maintained at a height of at least 100 millimetres above ground level.
Regrowth
The native vegetation is regrowth which has naturally established or regenerated on land lawfully cleared of naturally established native vegetation and is:

Less than 10 years old; or Bracken (Pteridium esculentum); or Less than ten years old at the time of a Property Vegetation Plan being signed by the Secretary of the Department of Sustainability and Environment, and is shown on that Plan
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No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply: as being certified regrowth, and is on land that is to be used or maintained for cultivation or pasture during the term of that Plan; or
Within the boundary of a timber production plantation, as indicated on a Plantation Development Notice or other documented record, and has established after the plantation.
This exemption does not apply to land on which native vegetation has been cleared or otherwise destroyed or damaged as a result of flood, fire or other natural disaster. Dead vegetation
The native vegetation is dead. This exemption does not apply to standing dead trees with a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level.
Site area
The native vegetation is on land which, together with all contiguous land in one ownership, has an area of less than 0.4 hectare. This exemption does not apply to native vegetation within a road reservation.
Weeds
The native vegetation is to be removed, destroyed or lopped to enable the removal or destruction of a weed listed in the schedule to this clause. The maximum extent of native vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following:
1 hectare of native vegetation which does not include a tree. 15 native trees if each tree has a trunk diameter of less than 20 centimetres at a height of 1.3 metres above ground level.
Pest animal burrows
The native vegetation is to be removed, destroyed or lopped to enable the removal of pest animal burrows in the Farming Zone or the Rural Activity Zone. Unless in accordance with the written agreement of an officer of the Department responsible for administering the Flora and Fauna Guarantee Act 1998, the maximum extent of native vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following:
1 hectare of native vegetation which does not include a tree. 15 native trees if each tree has a trunk diameter of less than 20 centimetres at a height of 1.3 metres above ground level.
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No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply: Land use conditions
The native vegetation is to be removed, destroyed or lopped to comply with a land use condition served under the Catchment and Land Protection Act 1994. The native vegetation is to be removed, destroyed or lopped to comply with land management notice issued under the Catchment and Land Protection Act 1994. The native vegetation has been planted or grown as a result of direct seeding for Crop raising, Extensive animal husbandry, aesthetic or amenity purposes, including: agroforestry (the simultaneous and substantial production of forest and other agricultural products from the same land unit), shelter belts, woodlots, street trees, gardens or the like. This exemption does not apply if public funding was provided to assist in planting or managing the native vegetation and the terms of the funding did not anticipate removal or harvesting of the vegetation.
Planted vegetation
Emergency works
The native vegetation presents an immediate risk of personal injury or damage to property and only that part of vegetation which presents the immediate risk is removed, destroyed or lopped. The native vegetation is to be removed, destroyed or lopped by a public authority or municipal council to create an emergency access or to enable emergency works. The native vegetation is to be removed, destroyed or lopped for fire fighting measures, periodic fuel reduction burning, or the making of a fuel break or fire fighting access track up to 6 metres wide. The native vegetation is to be removed, destroyed or lopped for the making of a fuelbreak by or on behalf of a public authority in accordance with a strategic fuelbreak plan approved by the Secretary of the Department of Sustainability and Environment. The maximum width of a fuelbreak must not exceed 40 metres. The native vegetation is a tree overhanging the roof of a building used for Accommodation. This exemption only allows the removal, destruction or lopping of that part of the tree which is overhanging the building and which is necessary for fire protection. The native vegetation is within 30 metres of a building used for accommodation provided:

Fire protection
The native vegetation is not a tree. At least 50 percent of native shrubs are retained. Native grasses are kept to at least a height of 100 millimetres.
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The native vegetation is within the distance of a building used for accommodation specified in the Table to Clause 52.17-7, provided:

The native vegetation is not a tree. Before the vegetation is removed, destroyed or lopped, a plan is prepared and submitted to the Department of Sustainability and Environment that shows, within 100 metres of the building:
The north-western and eastern zones of the building as shown in the Diagram to Clause 52.17-7. The slope of the land and the direction of the slope from the building in each zone. The vegetation type within each zone.
The native vegetation is on land in the same ownership as the land on which the building is located. At least 50 percent of native shrubs are retained. Native grasses are kept to at least a height of 100 millimetres.
The native vegetation is to be removed, destroyed or lopped in accordance with a fire prevention notice under:

The native vegetation is to be removed, destroyed or lopped to keep the whole or any part of any native vegetation clear of an electric line in accordance with a code of practice prepared under Part 8 of the Electricity Safety Act 1998. The native vegetation is to be removed, destroyed or lopped in accordance with any code of practice prepared in accordance with Part 8 of the Electricity Safety Act 1998 in order to minimise the risk of bushfire ignition in the proximity of electricity lines. The native vegetation is to be removed, destroyed or lopped for establishing sight-lines for the measurement of land by surveyors in the exercise of their profession, and if using hand-held tools. The native vegetation is to be removed, destroyed or lopped to maintain a Minor utility installation. The native vegetation is to be removed, destroyed or lopped to maintain a Utility installation in accordance with a code(s) of practice approved by Secretary of the Department of Sustainability and Environment, incorporated into this scheme and listed in the Schedule to this Clause.
Surveying
Utility installations
PAGE 6 OF 11
The native vegetation is to be removed, destroyed or lopped to enable the construction of a Utility installation in accordance with a code(s) of practice approved by Secretary of the Department of Sustainability and Environment, incorporated into this scheme and listed in the Schedule to this Clause. The native vegetation is to be removed, destroyed or lopped to maintain the safe and efficient function of an existing public road managed by the relevant responsible road authority (as defined by the Road Management Act 2004) in accordance with the written agreement of the Secretary of the Department of Sustainability and Environment. The native vegetation is to be removed, destroyed or lopped to maintain the safe and efficient function of an existing railway or railway access road, in accordance with the written agreement of the Secretary of the Department of Sustainability and Environment. The native vegetation is to be removed, destroyed or lopped to enable the:
Public roads
Railways
Existing and approved buildings
Construction of a building approved by a planning permit granted under this planning scheme or by building permit granted under Building Act 1993, before 15 September 2008. Use and maintenance of a building constructed or approved by a planning permit granted under this planning scheme or by building permit granted under Building Act 1993, before 15 September 2008.
This exemption does not apply to:
Native vegetation to be removed, destroyed or lopped to enable the operation or maintenance of a fence. Native vegetation located more than 10 metres from a building.
Existing buildings and works in the Farming Zone and Rural Activity Zone
The native vegetation is to be removed, destroyed or lopped to enable the use or maintenance of a building or works used for Agricultural production, including a dam, utility service, bore, horticultural trellising and accessway, in the Farming Zone or the Rural Activity Zone. This exemption does not apply to:
Native vegetation to be removed, destroyed or lopped to enable the use or maintenance of a Dwelling. Native vegetation to be removed, destroyed or lopped to enable the operation or maintenance of a fence. Native vegetation located more than 10 metres from a building or works.
PAGE 7 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply: New buildings and works in the Farming Zone and Rural Activity Zone
The native vegetation is to be removed, destroyed or lopped to enable the construction of a building or works used for Agricultural production, including a dam, utility service, bore and accessway, in the Farming Zone or the Rural Activity Zone. The maximum extent of native vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following:
1 hectare of native vegetation which does not include a tree. 15 native trees if each tree has a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level. 5 native trees if each tree has a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level.
This exemption does not apply:
To native vegetation to be removed, destroyed or lopped to enable the construction or operation of a pivot irrigation system or horticultural trellising. Where there is a practical opportunity to site the building or works to avoid the removal, destruction or lopping of native vegetation.
New dwellings in the Farming Zone and Rural Activity Zone
The native vegetation is to be removed, destroyed or lopped to enable the construction of a Dwelling, in the Farming Zone or the Rural Activity Zone. The maximum extent of native vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period is must not exceed any of the following:
300 square metres of native vegetation which does not include a tree. 5 native trees if each tree has a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level. 1 native tree if the tree has a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level.
This exemption does not apply:
To native vegetation to be removed, destroyed or lopped to enable the construction of a tennis court, horse mnage or swimming pool. Where there is a practical opportunity to site the dwelling to avoid the removal, destruction or lopping of native vegetation.
PAGE 8 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply: Fences
The native vegetation is to be removed, destroyed or lopped to enable the:
Construction of a fence on a boundary between properties in different ownership; or Operation or maintenance of an existing fence.
The combined maximum width of clearing permitted either side of the fence under this exemption is 4 metres. Vehicle access from public roads
The native vegetation is to be removed, destroyed or lopped to enable the construction or maintenance of a vehicle access across a road reserve from a property boundary to a public road, subject to authorisation from the relevant public land manager. This exemption only applies to properties which share a common boundary with the road reserve. The maximum total width of native vegetation permitted to be removed, destroyed or lopped under this exemption is 6 metres. This exemption does not apply where there is a practical opportunity to site the accessway to avoid the removal, destruction or lopping of native vegetation.
Personal use
The native vegetation is to be removed, destroyed or lopped by cutting only to obtain reasonable amounts of wood for personal use by the owner or occupier of the land. Personal use includes wood used for firewood, the construction of fences and buildings on the same land, and hobbies such as craft. This exemption does not apply to:
Standing living and dead trees with a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level. Living native vegetation on contiguous land in the same ownership with an area less than 10 hectares.
Grazing
The native vegetation is removed, destroyed or lopped as a result of grazing by domestic stock. This exemption allows the removal, destruction and lopping of native vegetation on unused roads specified under Section 400 of the Land Act 1958.
Stock movements on roads
The native vegetation is removed, destroyed or lopped as a result of moving stock along a road. This exemption does not apply to the removal, destruction or lopping of native vegetation as a result of holding stock in a temporary fence (including an electric fence) on a roadside for the purpose of feeding.
PAGE 9 OF 11
No permit is required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply: Harvesting for timber production naturally established native vegetation
The native vegetation is to be removed, destroyed or lopped to enable the carrying out of timber harvesting operations and associated activities which are:
Undertaken on public land under a licence issued by the Secretary to the Department of Sustainability and Environment under section 52 of the Forests Act 1958; or Authorised in accordance with Part 5 of the Sustainable Forests (Timber) Act 2004.
Extractive industry
The native vegetation is to be removed, destroyed or lopped to enable the carrying out of Extractive industry in accordance with a work plan approved under the Extractive Industries Development Act 1995 and authorised by a work authority granted under that Act. The native vegetation is to be removed, destroyed or lopped to enable the carrying out of the Search for stone. The maximum extent of native vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following:
Search for stone
1 hectare of native vegetation which does not include a tree. 15 native trees if each tree has a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level. 5 native trees if each tree has a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level.
This exemption does not apply to native vegetation to be removed, destroyed or lopped to enable costeaning and bulk sampling activities. Mining
The native vegetation is to be removed, destroyed or lopped to enable the carrying out of Mining in accordance with a work plan approved under the Mineral Resources (Sustainable Development) Act 1990 and authorised by a work authority granted under that Act. The native vegetation is to be removed, destroyed or lopped to enable the carrying out of Mineral exploration. The native vegetation is to be removed, destroyed or lopped to enable the carrying out of geothermal energy exploration or extraction in accordance with the Geothermal Energy Resources Act 2005.
Mineral exploration Geothermal energy exploration and extraction
PAGE 10 OF 11
52.17-7
14/11/2006 VC44
Table Maximum distance from a building used for accommodation within which native vegetation (other than trees) may be removed, destroyed or lopped without a permit:
Vegetation Categories Upslope or flat ground Northwest zone Shrub and heath Shrubs up to 6 metres in height above ground level. It may include some trees. Medium forest Forest between 10 metres and 30 metres in height above ground level, with a tree canopy cover of more than 30 percent. It may include shrubs and grassy understorey. Tall forest Forest more than 30 metres in height above ground level, with a tree canopy cover of more than 30 percent. It may include shrubs and grassy understorey. 80 metres Upslope or flat ground Eastern zone 40 metres Down slope Northwest zone 80 metres Down slope Eastern zone 45 metres
60 metres
30 metres
90 metres
50 metres
80 metres
40 metres
95 metres
50 metres
Diagram
PAGE 11 OF 11
15/09/2008 VC49
1.0
16/03/2006 VC38
Scheduled area
Area Description of native vegetation for which no permit is required to remove, destroy or lop
None specified
2.0
15/09/2008 VC49
Scheduled weed
Area None specified Description of weed
3.0
15/09/2008 VC49
Utility installation code of practice

Name of code of practice None specified
PAGE 1 OF 1
52.18
15/09/2008 VC49
TIMBER PRODUCTION
52.18-1
17/09/2007 VC45
Timber production on Crown land Any requirement of this scheme which: requires timber production to be conducted in a particular way requires that a permit be obtained to use or develop land for timber production or to carry out timber production in a particular way requires that some aspect of timber production be carried out to the satisfaction of the responsible authority
does not apply to timber production on unalienated land of the Crown managed and controlled by the Minister responsible for administering the Forests Act 1958 and the Sustainable Forests (Timber) Act 2004, or the Secretary to the Department of Sustainability and Environment, whether or not occupied under a licence or other right. All requirements of this scheme apply to Crown land which has been leased. 52.18-2
17/09/2007 VC45
Timber production to comply with the Code of Practice for Timber Production All timber production activities (except agroforestry (the simultaneous and substantial production of forest and other agricultural products from the same land unit), windbreaks and commercial plantations of 5 hectares or less) must comply with the Code of Practice for Timber Production 2007 (Department of Sustainability and Environment). In accordance with Section 6(4A) of the Planning and Environment Act 1987, this applies whether the use of land for timber production is commenced before or after the coming into effect of this requirement. The Code must be complied with to the satisfaction of the responsible authority. A permit may require that matters required by the Code must be done to the satisfaction of the responsible authority or a Minister, public authority or referral authority, and may require the responsible authority to seek comments from any other person or authority before making a decision.
52.18-3
15/09/2008 VC49
Road repairs After a Timber Harvesting Plan is lodged with the responsible authority under the Code and before the commencement of harvesting operations, the responsible authority, in consultation with the forest owner or manager, must establish the condition of any roads which are proposed to be used as a cartage route. The forest owner or manager must advise the responsible authority when harvesting operations are complete. After receiving this advice, the responsible authority, in consultation with the forest owner or manager, must establish the condition of any roads which were used as a cartage route. It is the responsibility of the forest owner or manager to restore any roads which were used as a cartage route to the same condition that they were in before the commencement of harvesting operations to the extent of any damage caused as a result of the harvesting operations. The cartage of timber associated with harvesting operations is extraordinary traffic for the purpose of Section 112 of the Road Management Act 2004.
PAGE 1 OF 2
52.18-4
15/09/2008 VC49
Decision guidelines Before deciding on an application to use or develop land for timber production, in addition to the decision guidelines in Clause 65, the responsible authority must consider:
The need to encourage plantation establishment and timber production in locations where it is of significance to national, state and regional economies, and in areas affected by salinity and other forms of land degradation. The role of native forest and plantations in: Protecting water quality.
Conserving flora and fauna. Preventing land degradation, including soil erosion, salinisation and water logging. Preventing adverse effects on groundwater recharge.
The preservation of and impact on the natural environment, cultural heritage and visual amenity. Whether it is appropriate to require environmental protection standards greater than those in the Code.
PAGE 2 OF 2
52.19
21/09/2009 VC60
TELECOMMUNICATIONS FACILITY
Purpose To ensure that telecommunications infrastructure and services are provided in an efficient and cost effective manner to meet community needs. To ensure the application of consistent provisions for telecommunications facilities. To encourage an effective statewide telecommunications network in a manner consistent with the economic, environmental and social objectives of planning in Victoria as set out in Section 4 of the Planning and Environment Act 1987. To encourage the provision of telecommunications facilities with minimal impact on the amenity of the area. 52.19-1
19/01/2006 VC37
Application These provisions apply to the construction of a building or the construction or carrying out of works associated with the use of land for a Telecommunications facility. They apply to the extent permitted under the Telecommunications Act 1997 (Cwth) and determinations made under that Act by the Commonwealth Minister for Communications, Information Technology and the Arts, including the Telecommunications (Low-impact Facilities) Determination 1997. Permit requirement A permit is required to construct a building or construct or carry out works for a Telecommunications facility. This does not apply to:
52.19-2
19/01/2006 VC37
Buildings and works associated with:
A low-impact facility as described in the Telecommunications (Low-impact) Facilities Determination 1997. The inspection and maintenance of a Telecommunications facility as defined in the Telecommunications Act 1997 (Cwth). A facility authorised by a Facilities Installation Permit issued under the Telecommunications Act 1997 (Cwth). A temporary defence facility. The connection of a building, structure, caravan or mobile home to a Telecommunications line forming part of a Telecommunications network. Any Telecommunications facility described in A Code of Practice for Telecommunications Facilities in Victoria which complies with the requirements of the Code.
Buildings and works associated with activities which are:
Authorised under Clause 6(2) of Telecommunications Act 1997 (Cwth).
Division
of
Schedule
of
the
Carried out by bodies listed in Sections 46 to 51 (inclusive) of the Telecommunications Act 1997 (Cwth) pursuant to legislation applying to those bodies.
PAGE 1 OF 3
52.19-3
19/01/2006 VC37
Land in public ownership An application for a permit on land in a public land zone by a person other than the relevant public land manager, must be accompanied by the written consent of the public land manager indicating that the public land manager consents generally or conditionally either:

To the application for permit being made. To the application for permit being made and to the proposed use or development.
52.19-4
21/09/2009 VC60
Exemption from notice and review An application for a permit is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act unless:
The Telecommunications facility is:
A radio communications dish greater than 1.2 metres in diameter or A Telecommunications tower (other than a low-impact facility described in the Telecommunications (Low-impact Facilities) Determination 1997).
The land is located in an Environmental Significance Overlay, a Vegetation Protection Overlay, a Significant Landscape Overlay, a Heritage Overlay, a Design and Development Overlay or an Erosion Management Overlay. The land is public land not in a public land zone and the responsible authority is not the public land manager.
52.19-5
19/01/2006 VC37
Application requirements An application for permit must be accompanied by the following information as appropriate to the proposal and the location:
A site analysis and design response explaining how the proposed facility addresses the principles for the design, siting, construction and operation of telecommunications facilities and the requirements in A Code of Practice for Telecommunications Facilities in Victoria. Site boundaries and dimensions. The purpose and location of all buildings and works required in the construction of the facility. The location of all existing buildings and works to be retained and demolished. The location of all proposed buildings and works including dimensions, elevations, materials, colours and finishes. The location and use of all buildings on adjoining properties. The location of all adjoining streets and access ways. Australian Height Datum levels. Natural drainage lines, watercourses, coastal dunes, beach systems and wetlands. Proposals for the rehabilitation of the land on which development is to occur. Roads and parking areas. Materials, landscaping, external lighting, colour and reflectivity.
PAGE 2 OF 3
52.19-6
19/01/2006 VC37
Decision guidelines Before deciding on an application, in addition to the decision guidelines of Clause 65, the responsible authority must consider, as appropriate:
The principles for the design, siting, construction and operation of a Telecommunications facility set out in A Code of Practice for Telecommunications Facilities in Victoria. The effect of the proposal on adjacent land. If the Telecommunications facility is located in an Environmental Significance Overlay, a Vegetation Protection Overlay, a Significant Landscape Overlay, a Heritage Overlay, a Design and Development Overlay or an Erosion Management Overlay, the decision guidelines in those overlays and the schedules to those overlays.
PAGE 3 OF 3
52.20
19/01/2006 VC37
CONVENIENCE RESTAURANT AND TAKE-AWAY FOOD PREMISES
Scope These requirements only apply to residential zones. Decision guidelines Before deciding on an application to use land for a convenience restaurant or take-away food premises or to construct a building or construct or carry out works associated with a convenience restaurant or take-away food premises, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Any policy in this scheme relating to convenience restaurants or take-away food premises. Whether the location is appropriate for a convenience restaurant or take-away food premises having regard to: Amenity of the neighbourhood. Proximity of the land to non residential uses and zones. Effect of the use on heritage and environment features. Capacity of the land to contain significant off-site effects. Access to land in a Road Zone. The suitability of the land for a residential use. The effect on the amenity or character of the street or neighbourhood having regard to: Massing and proportions of any building. Ground floor height above ground level. Ceiling heights. Roof form and pitch. Facade articulation. Window and door proportions. Building features including verandahs, towers, eaves, parapets and decorative elements. Building materials, patterns textures and colours. Whether the site layout and the design of buildings, noise attenuation measures, landscaping, car parking, vehicle access lanes, loading bays, rubbish bins, plant and equipment, lights, advertising signs, drive through facilities and playgrounds are designed to prevent significant loss of amenity to adjoining land due to noise, emission of noise, emission of light or glare, loss of privacy, litter or odour. Whether any special measure may be necessary to protect the amenity of adjoining land in residential use, including buffer planting, noise attenuation measures and litter collection arrangements. The adequacy of traffic measures to: Provide safe pedestrian movement.
PAGE 1 OF 2
Achieve safe, efficient vehicle movement on site and access to and egress from the land. Avoid disruption to traffic flow on land in a Road Zone. Prevent inappropriate use of local residential streets. The adequacy of car parking, loading and drive through queuing spacing to accommodate customers at peak periods and employee requirements on the land.
PAGE 2 OF 2
52.21
19/01/2006 VC37
PRIVATE TENNIS COURT
Purpose To ensure that tennis courts used in association with a dwelling are sited and constructed to minimise the effects of the development on nearby properties. To ensure that the use of tennis courts in association with a dwelling does not cause unreasonable disturbance to adjoining residents or adversely affect the residential amenity of adjoining areas. 52.21-1
19/01/2006 VC37
Scope This clause applies to any private tennis court which is used in association with a dwelling. Permit requirement A permit is not required under any provision of this scheme to construct, use or illuminate a private tennis court if the performance requirements specified in the Code of Practice Private Tennis Court Development Revision 1 March 1999 are met. A permit is required to construct, use or illuminate a private tennis court: If any of the performance requirements specified in the Code of Practice - Private Tennis Court Development Revision 1 March 1999 are not met. If the land is in an Environmental Significance Overlay, a Vegetation Protection Overlay, a Significant Landscape Overlay, a Heritage Overlay, an Urban Floodway Zone, a Floodway Overlay or a Land Subject to Inundation Overlay and a permit is required for any of the following: To construct a building or construct or carry out works. To remove, destroy, prune or lop a tree or vegetation.
52.21-2
19/01/2006 VC37
52.21-3
19/01/2006 VC37
Application requirements Unless the circumstances do not require, an application under this clause must be accompanied by the following information: A copy of title of the land. A layout plan to a scale of not less than 1:200. The location of dwellings on adjoining land within 10 metres of the court site showing habitable room windows. Existing and proposed site levels. Location of vegetation to be removed. Proposed landscaping. Illumination levels and the position and height of light poles and fencing. Description of fencing material. The location of easements. Volume of excavated material to be brought to or removed from the site. Means of access to the site.
PAGE 1 OF 2
Construction method and timing. 52.21-4

19/01/2006 VC37
Notice provisions An application for a permit to construct, use or illuminate a private tennis court under any provision of this scheme is exempt from the notice requirements of Section 52(1)(a), (b) and (d) of the Act. In accordance with Section 52(1)(c) of the Act notice of an application to construct, use or illuminate a private tennis court under any provision of this scheme must be given by ordinary post to the owners and occupiers of adjoining and opposite properties.
52.21-5
19/01/2006 VC37
Decision guidelines Before deciding on an application under this Clause, in addition to the decision guidelines in Clause 65, the responsible authority must consider the relevant objectives and considerations specified in the Code of Practice - Private Tennis Court Development Revision 1 March 1999.
PAGE 2 OF 2
52.22
19/01/2006 VC37
CRISIS ACCOMMODATION A permit is not required to use a building, including outbuildings normal to a dwelling, to house people and any dependants at times of personal emergency or crisis if the building meets all of the following requirements: Is in an area or zone which is used mainly for housing. Provides self contained accommodation. Does not have more than 10 habitable rooms.
PAGE 1 OF 1
52.23
19/01/2006 VC37
SHARED HOUSING A permit is not required to use a building, including outbuildings normal to a dwelling, to house a person, people and any dependants or 2 or more people (including people with intellectual disabilities) if the building meets all of the following requirements: Is in an area or zone which is used mainly for housing. Provides self contained accommodation. Does not have more than 10 habitable rooms.
PAGE 1 OF 1
52.24
19/01/2006 VC37
COMMUNITY CARE UNIT A permit is not required to use a building for services funded by the Department of Human Services which provide self contained accommodation for its clients if all of the following requirements are met: The building or buildings are in an area or zone which is used mainly for housing. No more than 20 clients plus supervisory staff are accommodated on the site.
PAGE 1 OF 1
52.25
19/01/2006 VC37
CREMATORIUM
Purpose To ensure that crematoria in cemeteries are developed and used in an appropriate manner. Permit required A permit is required to develop and use a crematorium on land that is used for cemetery purposes. This does not apply to land in the Springvale Crematorium. Decision guidelines Before deciding on an application to use and develop land for a crematorium, in addition to the decision guidelines in Clause 65, the responsible authority must consider: The provision of landscaping and screen planting. The location and design of the buildings to be constructed. The effect on traffic movement generated by the use. The provision of parking facilities.
PAGE 1 OF 1
52.26
19/01/2006 VC37
CATTLE FEEDLOT
Purpose To facilitate the establishment and expansion of cattle feedlots in Victoria in a manner which is consistent with orderly and proper planning and the protection of the environment. Requirements to be met All use and development of cattle feedlots must comply with the Victorian Code for Cattle Feedlots - August 1995. The Code must be complied with to the satisfaction of the responsible authority.
PAGE 1 OF 1
52.27
07/04/2008 VC47
LICENSED PREMISES Purpose To ensure that licensed premises are situated in appropriate locations. To ensure that the impact of the licensed premises on the amenity of the surrounding area is considered. Scope These provisions apply to premises licensed, or to be licensed, under the Liquor Control Reform Act 1998. Permit required A permit is required to use land to sell or consume liquor if any of the following apply: A licence is required under the Liquor Control Reform Act 1998. A different licence, or class of licence is required from that which is in force. The hours of trading allowed under any licence are to be extended. This does not apply if any of the following apply: To a limited licence. To a licence to manufacture liquor. To a licence to sell only packaged liquor for consumption elsewhere. If the schedule to this clause specifies that a permit is not required to use land to sell or consume liquor under a particular type of licence. The schedule to this clause may specify that a permit may not be granted to use land to sell or consume liquor under a particular type of licence. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area. The impact of the hours of operation on the amenity of the surrounding area. The impact of the number of patrons on the amenity of surrounding area. The cumulative impact of any existing and the proposed liquor licence, the hours of operation and number of patrons, on the amenity of the area.
PARTICULAR PROVISIONS CLAUSE 52.27
PAGE 1 OF 1
19/01/2006 VC37
1.0
19/01/2006 VC37
Permit not required Land

None specified
Type of licence
2.0
19/01/2006 VC37
Permit may not be granted Land

None specified
Type of licence
PAGE 1 OF 1
52.28
17/09/2007 VC45
GAMING
52.28-1
18/10/2006 VC39
Purpose To ensure that gaming machines are situated in appropriate locations and premises. To ensure the social and economic impacts of the location of gaming machines are considered. To prohibit gaming machines in specified shopping complexes and strip shopping centres.
52.28-2
18/10/2006 VC39
Permit requirement A permit is required to install or use a gaming machine. This does not apply in either of the following circumstances: Clause 52.28-3 or Clause 52.28-4 specifically prohibit a gaming machine. the gaming machine is in an approved venue under the Gambling Regulation Act 2003 on 18 October 2006 and the maximum number of gaming machines for the approved venue on 18 October 2006 is not exceeded.
52.28-3
18/10/2006 VC39
Prohibition of a gaming machine in a shopping complex Installation or use of a gaming machine is prohibited on land specified in a schedule to this clause. This does not apply to a gaming machine in an approved venue under the Gambling Regulation Act 2003 on 18 October 2006; and the maximum number of gaming machines for the approved venue on 18 October 2006 is not exceeded.
52.28-4
18/10/2006 VC39
Prohibition of a gaming machine in a strip shopping centre Installation or use of a gaming machine is prohibited in a strip shopping centre if: the strip shopping centre is specified in the schedule to this clause. the schedule provides that a gaming machine is prohibited in all strip shopping centres on land covered by this planning scheme. This does not apply to a gaming machine in an approved venue under the Gambling Regulation Act 2003 on 18 October 2006; and the maximum number of gaming machines for the approved venue on 18 October 2006 is not exceeded. A strip shopping centre is an area that meets all of the following requirements: it is zoned for business use; it consists of at least two separate buildings on at least two separate and adjoining lots; it is an area in which a significant proportion of the buildings are shops; it is an area in which a significant proportion of the lots abut a road accessible to the public generally; but it does not include the Capital City Zone in the Melbourne Planning Scheme.
52.28-5
17/09/2007 VC45
Transitional arrangements The requirements of Clause 52.28 as in force immediately before 18 October 2006 continue to apply to a gaming machine referred to in a transitional application and permitted in the determination of a transitional application if a planning permit was not required immediately before 18 October 2006 for that gaming machine.
PAGE 1 OF 2
In this clause, "transitional application" means an application or request made, and not determined, before 18 October 2006 to the Victorian Commission for Gambling Regulation under the Gambling Regulation Act 2003 for either: an approval of premises for gaming, or variation of approval of premises for gaming, or amendment of conditions of a venue operator's licence to vary the number of permitted gaming machines for an approved venue. 52.28-6
18/10/2006 VC39
Decision guidelines Before deciding on an application, in addition to the decision guidelines of Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The compatibility of the proposal with adjoining and nearby land uses. The capability of the site to accommodate the proposal. Whether the gaming premises provides a full range of hotel facilities or services to patrons or a full range of club facilities or services to members and patrons.
PAGE 2 OF 2
18/10/2006 VC39
SCHEDULE TO CLAUSE 52.28-3
Prohibition of a gaming machine in a shopping complex
Name of shopping complex and locality Stud Park Shopping Centre, Rowville
Land description Land on the southeast corner of Stud Rd and Fulham Rd, Rowville Land on the southwest corner of Thaxted Pde and Mountain Highway, Wantirna Land on the northeast corner of Burwood Highway and Stud Rd, Wantirna South, excluding land known as 1 Capital City Boulevard, Knox Towerpoint Land on the south side of Ferntree Gully Rd and north of Adele Avenue, on the east and west sides of Mountaingate Drive, Ferntree Gully Land on the north side of Ferntree Gully Rd, west of Stud Rd, Scoresby Land bounded by Stud Rd, Coleman Rd, Tate Avenue and Somerset St, Studfield Land at the south-west corner of Wellington Road and Gearon Avenue, Rowville
Wantirna Mall Shopping Centre, Wantirna
Knox City/Towerpoint Shopping Centre, Wantirna South
Mountain Gate Shopping Centre, Ferntree Gully
Scoresby Village Shopping Centre, Scoresby Studfield Shopping Centre, Studfield
Wellington Village Shopping Centre, Rowville
PAGE 1 OF 1
18/10/2006 VC39
SCHEDULE TO CLAUSE 52.28-4
Prohibition of a gaming machine in a strip shopping centre A gaming machine is prohibited in all strip shopping centres on land covered by this planning scheme.
PAGE 1 OF 1
52.29
09/10/2006 VC42
LAND ADJACENT TO A ROAD ZONE, CATEGORY 1, OR A PUBLIC ACQUISITION OVERLAY FOR A CATEGORY 1 ROAD
Purpose To ensure appropriate access to identified roads. To ensure appropriate subdivision of land adjacent to identified roads. Scope This clause applies to land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road. Permit requirement A permit is required to: Create or alter access to: A road in a Road Zone, Category 1. Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road. Subdivide land adjacent to: A road in a Road Zone, Category 1. Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road. Referral of applications An application to create or alter access to, or to subdivide land adjacent to, a road declared as a freeway or arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the Roads Corporation is the authority responsible for acquiring the land, must be referred to the Roads Corporation under Section 55 of the Act. This does not apply to: Boundary realignments. Subdivisions of existing buildings already connected to services and requiring no new access. Two lot subdivisions requiring no new access. Proposals which, in the opinion of the responsible authority, satisfy requirements or conditions previously agreed in writing between the responsible authority and the Roads Corporation. Any other application must be referred to the owner of, or the authority responsible for acquiring, the adjacent land in the Road Zone, Category 1, or the Public Acquisition Overlay. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider:
PAGE 1 OF 2
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The views of the relevant road authority. The effect of the proposal on the operation of the road and on public safety. Any policy made by the relevant road authority pursuant to Schedule 2, Clause 3 of the Road Management Act 2004 regarding access between a controlled access road and adjacent land.
PAGE 2 OF 2
52.30
19/01/2006 VC37
FREEWAY SERVICE CENTRE Purpose To ensure that freeway service centres are appropriately designed and located. To ensure that access to a freeway service centre from a freeway is designed to the requirements of the Roads Corporation. To ensure that freeway service centres with access to a rural freeway provide only essential services and facilities which encourage drivers to stop and take an effective break at appropriate intervals in the interests of driver safety. To ensure that any new freeway service centre meets an identifiable need to provide essential services and facilities along a freeway where those services and facilities are not readily available. To ensure that the use of land for a freeway service centre does not adversely affect the amenity of surrounding land uses.
52.30-1
19/01/2006 VC37
Requirements to be met
Facilities and services A freeway service centre must provide only essential services and facilities. These essential services and facilities must be available at all times. Essential services and facilities that a freeway service centre must include are: Designated parking areas. Undercover fuel sales area for petrol, diesel and LPG. An area of not more than 240 square metres for the sale of food, drinks and other convenience goods. An indoor sit-down eating area. A safe play area for children. Public toilets. A public telephone. A freeway service centre with access to a rural freeway must also provide local and regional tourist information. A freeway service centre must not include: Mechanical repairs (other than the emergency repair of vehicles). Retail facilities of more than 240 square metres. Video hire. Post office services or facilities. Entertainment facilities, amusement machines or gaming machines. The sale, distribution or consumption of alcohol unless associated with a residential hotel/motel. Car or truck wash facilities. A freeway service centre with access to a rural freeway must not include overnight accommodation (other than for a caretaker or site manager).
PAGE 1 OF 2
Access to freeway service centres No vehicular access between a freeway service centre with access to a metropolitan freeway and the local road network may be permitted. An application to use or develop land for a freeway service centre must be referred to the Roads Corporation in accordance with Section 55 of the Act. A permit must not be granted for a freeway service centre until approval for access to the freeway has been given by the Roads Corporation. In accordance with Section 62(1)(a) of the Act, a permit granted for a freeway service centre must include the condition: This permit will expire if one of the following circumstances applies: The development is not commenced within two years of the date of this permit. The development is not completed within four years of the date of this permit. The responsible authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards. Metropolitan freeway service centre adjoining a residential zone If the site for a freeway service centre with access to a metropolitan freeway adjoins a residential zone: A landscape buffer at least 3 metres wide must be provided on the site along the common boundary and must be planted and maintained to the satisfaction of the responsible authority. Except for the landscape buffer strip, all of the site not occupied by buildings must be sealed to prevent dust. External lights must be directed away from the residential zone to prevent light spill and glare. 52.30-2
19/01/2006 VC37
Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The Freeway Service Centres Design Guidelines, May 1997.
PAGE 2 OF 2
52.31
21/09/2009 VC60
BROILER FARM Purpose To facilitate the establishment and expansion of broiler farms in a manner that is consistent with orderly and proper planning and the protection of the environment.
52.31-1
21/09/2009 VC60
Scope This clause applies to permit applications to use or develop land to establish a new broiler farm or to increase the farm capacity of an existing broiler farm. Requirement A permit application to use or develop land to establish a new broiler farm, or to increase the farm capacity of an existing broiler farm, must comply with the Victorian Code for Broiler Farms 2009. Exemption from notice and review An application to use or develop land to establish a new broiler farm, or to increase the farm capacity of an existing broiler farm, that meets the requirements of a Class A Broiler Farm as specified in the Victorian Code for Broiler Farms 2009, is exempt from the notice requirements of Section 52 (1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Notice of an application Notice of an application to use or develop land to establish a new broiler farm, or to increase the farm capacity of an existing broiler farm, that meets the requirements of a Special Class Broiler Farm or Farm Cluster as specified in the Victorian Code for Broiler Farms 2009, must be given under Section 52(1)(c) of the Act to the person or body specified as a person or body to be notified in Clause 66.05.
52.31-2
21/09/2009 VC60
52.31-3
21/09/2009 VC60
52.31-4
21/09/2009 VC60
PAGE 1 OF 1
52.32
21/09/2009 VC60
WIND ENERGY FACILITY
Purpose To facilitate the establishment and expansion of wind energy facilities, in appropriate locations, with minimal impact on the amenity of the area. 52.32-1
21/09/2009 VC60
Scope This clause applies to land used and developed or proposed to be used and developed for a wind energy facility. Application requirements An application must be accompanied by the following information, as appropriate: A site and context analysis, including: A site plan, photographs or other techniques to accurately describe the site and surrounding area. A location plan showing the full site area, local electricity grid and access roads. A design response, including: Detailed plans of the proposed development. Accurate visual simulations illustrating the development in the context of the surrounding area and from key public view points. A rehabilitation plan for the site. A written report(s), including: An explanation of how the proposed design derives from and responds to the site analysis. A description of the proposal. A description of how the proposal responds to any significant landscape features for the area identified in the planning scheme. An assessment of: the visual impact of the proposal on the landscape. the visual impact on abutting land that is subject to the National Parks Act 1975. the impact of the proposal on any species (including birds and bats) listed under the Flora and Fauna Guarantee Act 1988 or Environment Protection and Biodiversity Conservation Act 1999. the noise impacts of the proposal on existing dwellings prepared in accordance with the New Zealand Standard NZ6808:1998, Acoustics The Assessment and Measurement of Sound from Wind Turbine Generators. the impacts upon Aboriginal or non-Aboriginal cultural heritage. A statement of why the site is suitable for the wind energy facility. An environmental management plan including any rehabilitation and monitoring.
52.32-2
21/09/2009 VC60
PAGE 1 OF 2
52.32-3
21/09/2009 VC60
Decision guidelines Before deciding on an application, in addition to the decision guidelines of Clause 65, the responsible authority must consider, as appropriate: The effect of the proposal on the surrounding area in terms of noise, blade glint, shadow flicker and electromagnetic interference. The impact of the development on significant views, including visual corridors and sightlines. The impact of the facility on the natural environment and natural systems. The impact of the facility on cultural heritage. The impact of the facility on aircraft safety. The Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria, 2009.
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52.33
19/01/2006 VC37
SHIPPING CONTAINER STORAGE
Scope This clause applies to all land except land which is in a Special Use Zone established for the purpose of port and port-related activities. 52.33-1
19/01/2006 VC37
Decision guidelines Before deciding on an application to use land for shipping container storage, or construct a building or construct or carry out works associated with shipping container storage, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Whether the location is appropriate for shipping container storage having regard to: The zoning of the land. Amenity of the neighbourhood. Proximity of the land to residential uses and zones or other sensitive uses. Access to a road in a Road Zone. Access to rail facilities. Capacity and suitability of the road network to accommodate the type and volume of vehicle traffic generated by the use. Capacity of the site to accommodate the proposed use. The effect on the environment and the amenity and character of the neighbourhood having regard to: Existing and planned use of land in the neighbourhood. Location, height and setback of shipping container stacks, particularly near road boundaries. Location of facilities for the cleaning, repair, servicing, painting or fumigation of shipping containers. Hours of operation. Design, construction and maintenance of external storage and vehicle movement areas. Treatment and disposal of wastewater. Whether the site layout and the design of buildings, landscaping, vehicle access lanes, loading bays, wash bays, lighting and fencing are designed to avoid or minimise any significant off-site impacts due to the emission of noise, light, glare, dust, fumes or drainage. Whether any special measure may be necessary to protect the environment and the amenity of nearby sensitive uses, including noise attenuation measures, dust minimisation measures and waste storage arrangements. The need for landscaping and fencing to screen or soften the appearance of shipping container storage areas, particularly near road boundaries. The adequacy and effect of the landscaping on the appearance of the site, taking into account the streetscape character, the size of the site, and the height, mass and scale of shipping container stacks on the site.
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The adequacy of traffic measures to: Achieve safe, efficient vehicle movement on site and access to and egress from the land. Prevent inappropriate use of local residential streets. The adequacy of truck parking, loading and truck queuing spacing to accommodate truck movements at peak periods and employee requirements on the land.
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52.34
19/01/2006 VC37
BICYCLE FACILITIES
Purpose To encourage cycling as a mode of transport. To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities. 52.34-1
19/01/2006 VC37
Provision of bicycle facilities A new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land. Where the floor area occupied by an existing use is increased, the requirement for bicycle facilities only applies to the increased floor area of the use.
52.34-2
19/01/2006 VC37
Permit requirement A permit may be granted to vary, reduce or waive any requirement of Clause 52.34-3 and Clause 52.34-4. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Whether the proposed number, location and design of bicycle facilities meets the purpose of this clause. The location of the proposed land use and the distance a cyclist would need to travel to reach the land. The users of the land and their opportunities for bicycle travel. Whether showers and change rooms provided on the land for users other than cyclists are available to cyclists. The opportunities for sharing of bicycle facilities by multiple uses, either because of variation of bicycle parking demand over time or because of efficiencies gained from the consolidation of shared bicycle facilities. Australian Standard AS 2890.3 1993 Parking facilities Part 3: Bicycle parking facilities. Any relevant bicycle parking strategy or equivalent.
52.34-3
19/01/2006 VC37
Required bicycle facilities Tables 1, 2 and 3 to this clause set out the number and type of bicycle facilities required. Bicycle facilities are required if the use is listed in column 1 of the table. The number of bicycle facilities required for a use is the sum of columns 2 and 3 of the tables. If in calculating the number of bicycle facilities the result is not a whole number, the required number of bicycle facilities is the nearest whole number. If the fraction is one-half, the requirement is the next whole number.
PARTICULAR PROVISIONS CLAUSE 52.34 PAGE 1 OF 4
A bicycle space for an employee or resident must be provided either in a bicycle locker or at a bicycle rail in a lockable compound. A bicycle space for a visitor, shopper or student must be provided at a bicycle rail. Table 1 to Clause 52.34-3 Bicycle spaces
USE Amusement parlour EMPLOYEE/RESIDENT None VISITOR/SHOPPER/STUDENT 2 plus 1 to each 50 sq m of net floor area 2
Convenience restaurant
1 to each 25 sq m of floor area available to the public In developments of four or more storeys, 1 to each 5 dwellings 1 to each 20 employees
Dwelling
In developments of four or more storeys, 1 to each 10 dwellings 1 to each 20 full-time students
Education centre other than specified in this table Hospital Hotel
1 to each 15 beds 1 to each 25 sq m of bar floor area available to the public, plus 1 to each 100 sq m of lounge floor area available to the public 1 to each 1000 sq m of net floor area 1 to each 500 sq m of net floor area 1 to each 1500 spectator places
1 to each 30 beds 1 to each 25 sq m of bar floor area available to the public, plus 1 to each 100 sq m of lounge floor area available to the public None
Industry other than specified in this table Library
4 plus 2 to each 200 sq m of net floor area 1 to each 250 spectator places
Major sports and recreation facility Market Medical centre Minor sports and recreation facility Motel Nursing home Office other than specified in this table
1 to each 50 stalls 1 to each 8 practitioners 1 per 4 employees
1 to each 10 stalls 1 to each 4 practitioners 1 to each 200 sq m of net floor area None 1 to each 60 beds 1 to each 1000 sq m of net floor area if the net floor area exceeds 1000 sq m 2 plus 1 to each 1500 sq m of net floor area
1 to each 40 rooms 1 to each 7 beds 1 to each 300 sq m of net floor area if the net floor area exceeds 1000 sq m 1 to each 1500 sq m of net floor area
Place of assembly other than specified in this table Primary school Residential building other than specified in this table
1 to each 20 employees In developments of four or more storeys, 1 to each 10 lodging rooms
1 to each 5 pupils over year 4 In developments of four or more storeys, 1 to each 10 lodging rooms
PAGE 2 OF 4
USE Restaurant
EMPLOYEE/RESIDENT 1 to each 100 sq m of floor area available to the public
VISITOR/SHOPPER/STUDENT 2 plus 1 to each 200 sq m of floor area available to the public if the floor area available to the public exceeds 400 sq m. 1 to each 500 sq m of leasable floor area
Retail premises other than specified in this table Secondary school Service industry Shop
1 to each 300 sq m of leasable floor area
1 to each 20 employees 1 to each 800 sq m of net floor area 1 to each 600 sq m of leasable floor area if the leasable floor area exceeds 1000 sq metres 1 to each 100 sq m of net floor area
1 to each 5 pupils None 1 to each 500 sq m of leasable floor area if the leasable floor area exceeds 1000 sq metres 1 to each 50 sq m of net floor area
Take-away food premises
Table 2 to Clause 52.34-3 Showers

USE Any use listed in Table 1 EMPLOYEE/RESIDENT If 5 or more employee bicycle spaces are required, 1 shower for the first 5 employee bicycle spaces, plus 1 to each 10 employee bicycle spaces thereafter. VISITOR/SHOPPER/STUDENT None
Table 3 to Clause 52.34-3 Change rooms

USE Any use listed in Table 1 EMPLOYEE/RESIDENT 1 change room or direct access to a communal change room to each shower. The change room may be a combined shower and change room. VISITOR/SHOPPER/STUDENT None
52.34-4
19/01/2006 VC37
Design of bicycle spaces Bicycle spaces should: Provide a space for a bicycle of minimum dimensions of 1.7 metres in length, 1.2 metres in height and 0.7 metres in width at the handlebars. Be located to allow a bicycle to be ridden to within 30 metres of the bicycle parking space. Be located to provide convenient access from surrounding bicycle routes and main building entrances. Not interfere with reasonable access to doorways, loading areas, access covers, furniture, services and infrastructure. Not cause a hazard. Be adequately lit during periods of use.
PAGE 3 OF 4
Bicycle rails A bicycle rail must: Be securely fixed to a wall or to the floor or ground. Be in a highly visible location for bicycle security (when not in a compound). Be of a shape that allows a cyclist to easily lock the bicycle frame and wheels. Be located to allow easy access to park, lock and remove the bicycle. Bicycle compounds and lockers A bicycle compound or a bicycle locker must: Be located to provide convenient access to other bicycle facilities including showers and change rooms. Be fully enclosed. Be able to be locked. If outside, provide weather protection for the bicycle. A bicycle locker must provide a bicycle parking space for at least one bicycle. A bicycle compound must: Include wall or floor rails for bicycle parking. Provide an internal access path of at least 1.5 metres in width. 52.34-5
19/01/2006 VC37
Bicycle signage If bicycle facilities are required by this clause, bicycle signage that directs the cyclists to the bicycle facilities must be provided to the satisfaction of the responsible authority. Bicycle signage should: Be at least 0.3 metres wide and 0.45 metres high. Display a white bicycle on a blue background on the top half of the sign. Display information about the direction of facilities on the bottom half of the sign.
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52.35
19/01/2006 VC37
URBAN CONTEXT REPORT AND DESIGN RESPONSE FOR RESIDENTIAL DEVELOPMENT OF FOUR OR MORE STOREYS Purpose To ensure that an urban context report is prepared before a residential development of four or more storeys is designed and that the design responds to the existing urban context and preferred future development of the area.
52.35-01
19/01/2006 VC37
Application requirements An application for a residential development of four or more storeys must be accompanied by: An urban context report. A design response.
52.35-02
19/01/2006 VC37
Urban context report The urban context report may use a site plan, photographs or other techniques and must include: An accurate description of: Site shape, size, orientation and easements. Levels and contours of the site and the difference in levels between the site and surrounding properties. The location and height of existing buildings on the site and surrounding properties. The use of surrounding buildings. The location of private open space of surrounding properties and the location of trees, fences and other landscape elements. Solar access to the site and to surrounding properties. Views to and from the site. Street frontage features such as poles, street trees and kerb crossovers. The location of local shops, public transport services and public open spaces within walking distance. Movement systems through and around the site. Any other notable feature or characteristic of the site. An assessment of the characteristics of the area including: Any environmental features such as vegetation, topography and significant views. The pattern of subdivision. Street design and landscape. The pattern of development. Building form, scale and rhythm. Connection to the public realm. Architectural style, building details and materials. Social and economic activity.
PAGE 1 OF 2
Any other notable or cultural characteristics of the area. A written statement that describes: Any relevant housing, neighbourhood character, urban design and landscape plan, strategy or policy set out in this scheme. The strategic and local suitability of the site for residential development of four or more storeys. If in the opinion of the responsible authority a requirement of the urban context report is not relevant to the evaluation of an application, the responsible authority may waive or reduce the requirement. 52.35-03
19/01/2006 VC37
Satisfactory urban context report The responsible authority must inform the applicant in writing: Before notice of an application is given, or If notice of an application is not required to be given, before deciding the application, that the urban context report meets the requirements of Clause 52.35-02 and is satisfactory or does not meet the requirements of Clause 52.35-02 and is not satisfactory. If the responsible authority decides that the urban context report is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the urban context report meets the requirements of Clause 52.35-02 and is satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act.
52.35-04
19/01/2006 VC37
Design response The design response must explain how the proposed design: Responds to any relevant planning provision that applies to the land. Responds to any relevant housing, neighbourhood character, urban design and landscape plan, strategy or policy set out in this scheme. Derives from and responds to the urban context report. The design response must include correctly proportioned street elevations or photographs showing the development in the context of adjacent buildings. If in the opinion of the responsible authority this requirement is not relevant to the evaluation of an application, it may waive or reduce the requirement.
PAGE 2 OF 2
52.36
15/09/2008 VC49
INTEGRATED PUBLIC TRANSPORT PLANNING Purpose To ensure development supports public transport usage. To ensure that easily accessible public transport networks, which are appropriate to the scale of the development, and high quality public transport infrastructure are provided as part of new development. To ensure that development incorporates safe, attractive and convenient pedestrian access to public transport stops. To ensure that development does not adversely affect the efficient, equitable and accessible operation of public transport.
52.36-1
15/09/2008 VC49
Referral requirement An application of the kind listed below must be referred in accordance with Section 55 of the Act to the Director of Public Transport. An application to subdivide land, to construct a building or to construct or carry out works for any of the following:

A residential development comprising 60 or more dwellings or lots. A residential building comprising 60 or more lodging rooms. A residential village comprising 60 or more dwellings. A retirement village comprising 60 or more dwellings or lots. A new retail premises of 4000 or more square metres of leasable floor area. An increase of more than 1000 square metres to the leasable floor area of an existing retail premises which is 4000 or more square metres leasable floor area. An office development of 10,000 or more square metres of leasable floor area. A place of assembly comprising 400 or more seats or 600 or more square metres of gross floor area. An education centre. A major sports and recreation facility. Any alteration or development of public transport infrastructure or stops.
This does not apply to:
A proposal that, in the opinion of the responsible authority, satisfies requirements or conditions previously agreed to in writing between the responsible authority and the referral authority. A development consistent with an adopted Structure Plan that has been prepared in consultation with and endorsed by the Public Transport Division of the Department of Transport.
PAGE 1 OF 1
52.37
15/12/2008 VC50
POST BOXES AND DRY STONE WALLS Purpose To conserve historic post boxes and dry stone walls. Permit requirement A permit is required to demolish or remove a post box constructed before 1930. A permit is required to demolish, remove or alter a dry stone wall constructed before 1940 on land specified in the schedule to this provision. This does not apply to:

Dry stone structures other than walls and fences. The demolition or removal of a section of a dry stone wall to install a gate. The reconstruction of damaged or collapsing walls which are undertaken to the same specifications and using the same materials as the existing walls.

The significance of the post box or dry stone wall. Any applicable heritage study, statement of significance and conservation policy. Whether the proposal will adversely affect the significance of the post box or dry stone wall. Whether the proposal will adversely affect the significance, character or appearance of the area.
PAGE 1 OF 1
15/12/2008 VC50
Permit requirement for dry stone walls
Land
None specified
PAGE 1 OF 1
52.38
23/02/2009 VC53
2009 BUSHFIRE RECOVERY Purpose To support recovery operations following the 2009 Victorian bushfires.
52.38-1
23/02/2009 VC53
Scope This clause applies to a use or development specified in Clause 52.38-3 carried out for the purposes of recovery from a bushfire that occurred after 1 January 2009. Exemptions from planning scheme requirements Any requirement of the scheme to obtain a permit or any provision in the scheme which prohibits the use or development of land or requires the use or development of land to be carried out in a particular manner does not apply to a use or development specified in Clause 52.38-3 provided the following requirements are met: Works are only constructed or carried out for bushfire recovery. A building constructed under this provision is only used: To provide temporary accommodation; or For uses directly associated with bushfire recovery. The construction of a building or the construction or carrying out of works is completed prior to 31 March 2010. Native vegetation is only removed, destroyed or lopped: To provide access to, make safe or remove building and demolition rubble from a property; or To enable emergency and bushfire recovery works undertaken by or on behalf of a municipality, the Victorian Bushfire Reconstruction and Recovery Authority, other public authority or a utility service provider in the exercise of any power conferred on them under any Act. No native vegetation is removed, destroyed or lopped after 31 March 2010. Any sign displayed is directly associated with bushfire recovery. Any sign displayed is removed prior to 31 March 2011. For the avoidance of doubt any exemption provided by the scheme continues to apply to a use or development specified in Clause 52.38-3.
52.38-2
23/02/2009 VC53
52.38-3
23/02/2009 VC53
Use and development The requirements of Clause 52.38-2 apply to the following types of development: Demolition or removal of a building. Construction of a building. Construction or carrying out of works. Removal, destruction or lopping of vegetation. Display of a sign. The requirements of Clause 52.38-2 apply to the following uses: Temporary accommodation. Any use directly associated with bushfire recovery.
PAGE 1 OF 2
52.38-4
23/02/2009 VC53
Land in a Heritage Overlay For land within a Heritage Overlay, in addition to the requirements specified in Clause 52.38-2, the written authorisation of the responsible authority must be obtained prior to: Demolishing or removing a building; Externally altering a building by structural work; Internally altering a building if the schedule to the Heritage Overlay identifies the heritage place as one where internal alteration controls apply; Carrying out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials; or Removing, destroying or lopping a tree if the schedule to the Heritage Overlay identifies the heritage place as one where tree controls apply.
52.38-5
23/02/2009 VC53
Land in a Land Management Overlay For land within a Floodway Overlay, Land Subject to Inundation Overlay or Special Building Overlay, in addition to the requirements specified in Clause 52.38-2, the written authorisation of the responsible authority must be obtained prior to constructing a building or constructing and carrying out works. For land within an Erosion Management Overlay, in addition to the requirements specified in Clause 52.38-2, the written authorisation of the responsible authority must be obtained prior to: Constructing a building or constructing and carrying out works; or Removing, destroying or lopping vegetation.
52.38-6
23/02/2009 VC53
Land in an Environmental Audit Overlay For land within an Environmental Audit Overlay, in addition to the requirements specified in Clause 52.38-2, the written authorisation of the responsible authority must be obtained prior to commencing a sensitive use (residential use, child care centre, pre school centre or primary school). Cessation of use A use must not continue after 31 March 2011 unless in accordance with the requirements of this scheme. A building must not be used after 31 March 2011 unless in accordance with the requirements of this scheme. Decision guidelines Before deciding on an application to allow the retention or continuing use of a building, in addition to the decision guidelines in Clause 65 and any other requirements of the Act, the responsible authority must consider the extent to which compliance can be reasonably achieved with all requirements of this scheme.
52.38-7
23/02/2009 VC53
PAGE 2 OF 2
52.39
14/05/2009 VC57
2009 BUSHFIRE - REPLACEMENT BUILDINGS Purpose To support the rebuilding of dwellings, dependent persons units and buildings used for agriculture damaged or destroyed by the 2009 Victorian bushfires.
52.39-1
14/05/2009 VC57
Scope This clause applies to: The construction of a building or the construction and carrying out of works, associated with rebuilding: a dwelling or dependent persons unit; or a building used for agriculture, that was damaged or destroyed by a bushfire that occurred between 1 January 2009 and 31 March 2009. The use of land for: a dwelling or dependent persons unit that is rebuilt in accordance with this clause; or agriculture to the extent that the use relates to a building that was destroyed by a bushfire that occurred between 1 January 2009 and 31 March 2009 and that use cannot continue unless that building is rebuilt. The removal, destruction or lopping of vegetation to enable the construction, use and maintenance of a building rebuilt in accordance with this Clause. This clause does not apply to land in a Heritage Overlay. For the avoidance of doubt, any planning permit exemption provided by the scheme continues to apply to the use and development specified in this Clause. If any use or development is within the scope of both this Clause 52.39 and Clause 52.38, then this Clause 52.39 prevails over Clause 52.38 in the event of any inconsistency.
52.39-2
14/05/2009 VC57
Exemption from planning scheme requirements Any requirement of the scheme to obtain a permit or any provision in the scheme which prohibits the use or development of land or requires the use or development of land to be carried out in a particular manner does not apply to the use and development specified in Clause 52.39-1 provided the following requirements are met: Site plan Before the commencement of construction of a building or the construction or carrying out of works, a site plan must be provided to and approved by the responsible authority. The site plan must show: The boundaries of the property. The location of any damaged or destroyed dwelling, dependent persons unit or building used for agriculture. The proposed location of the replacement dwelling, dependent persons unit or building used for agriculture. The existing and proposed access to the lot.
PARTICULAR PROVISIONS - CLAUSE 52.39 PAGE 1 OF 3
Vegetation to be removed destroyed or lopped to enable rebuilding including construction of vehicle access, water storage and waste water treatment. For replacement dwellings and dependent persons units on land in a Farming Zone, Rural Conservation Zone, Rural Activity Zone, Green Wedge Zone, Green Wedge A Zone or the Rural Living Zone: The location and dimensions of vehicle access. The location and storage of water for potable and fire fighting purposes if the dwelling or dependent persons unit cannot be connected to a reticulated potable water supply. The location of the waste water treatment system if waste water is to be retained and treated on site. The site plan must be submitted to the responsible authority by 30 April 2012. Commencement of development The development must commence within two years after the approval of a site plan by the responsible authority and must be completed within two years after the development commences. The responsible authority may allow an extension of time on the request of the owner or the occupier of the land to which the approved site plan applies, provided that request is made before the expiry of the applicable period or within three months of the expiry of the applicable period. Compliance with site plan The development must comply with the approved site plan. Use and development conditions The land must not be used for more than the number of dwellings or dependent persons units that were damaged or destroyed. The removal, destruction or lopping of vegetation to enable the maintenance of a building must not exceed 10 metres beyond the building. For land in the Farming Zone, Rural Conservation Zone, Rural Activity Zone, Green Wedge Zone, Green Wedge A Zone or the Rural Living Zone: Access to the dwelling or dependent persons unit must be provided via an all weather road with dimensions adequate to accommodate emergency vehicles. The dwelling or dependent persons unit must be connected to a reticulated sewerage system or if not available, the waste water must be managed to the satisfaction of the responsible authority. The dwelling or dependent persons unit must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes. The dwelling or dependent persons unit must be connected to a reticulated electricity supply or have an alternative energy source. A building must be constructed of materials that are non-reflective and of muted tones in the following locations: Land in an Environmental Significance Overlay, Design and Development Overlay or Significant Landscape Overlay.
PAGE 2 OF 3
Land in a Green Wedge Zone, Green Wedge A Zone or Rural Conservation Zone in the municipal districts of the Shire of Yarra Ranges and the Shire of Nillumbik. For land in a Restructure Overlay, a building must be consistent with any Restructure Plan. For land adjacent to a Road Zone, Category 1, or Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road, access must not be created or altered. 52.39-3
14/05/2009 VC57
Land in an Erosion Management Overlay For land in an Erosion Management Overlay in the municipal district of the Shire of Yarra Ranges, in addition to the requirements specified in Clause 52.39-2, the written authorisation of the responsible authority must be obtained prior to: Constructing a building or constructing and carrying out works; or Removing, destroying or lopping vegetation.
52.39-4
14/05/2009 VC57
Land in a Floodway Overlay, Land Subject to Inundation Overlay or Special Building Overlay For land in a Floodway Overlay, Land Subject to Inundation Overlay or Special Building Overlay, in addition to the requirements specified in Clause 52.39-2, the written authorisation of the relevant flood plain management authority must be obtained prior to the commencement of construction of a building or the construction or carrying out of works.
52.39-5
14/05/2009 VC57
Decision guidelines Before deciding on approval of the site plan, in addition to the decision guidelines in Clause 65 and any other requirements of the Act, the responsible authority must consider, as appropriate: The extent to which the siting of the building and associated development can reasonably achieve compliance with other relevant requirements of this scheme. The extent to which the replacement dwelling or dependent persons unit can be located on the land to assist the minimisation of risk to life and property from bushfire.
PAGE 3 OF 3
52.40
22/05/2009 VC56
GOVERNMENT FUNDED EDUCATION FACILITIES Purpose To support the development of educational facilities and associated infrastructure in Victorian Schools under the Building the Education Revolution program funded by the Commonwealths Nation Building Economic Stimulus Plan.
52.40-1
22/05/2009 VC56
Scope This clause applies to the construction of buildings or the construction or carrying out of works carried out by or on behalf of an education centre and recommended for funding under the Commonwealth Building the Education Revolution (BER) program. Where certification requirements are met the construction of buildings and the carrying out of works does not require a planning permit. Where the requirements of certification are not met, or where land is affected by an overlay, plans must be submitted for approval to the satisfaction of the responsible authority. A planning permit is not required.
52.40-2
22/05/2009 VC56
Exemption from planning scheme requirements - certification Any requirement of the scheme to obtain a permit or any provision in the scheme which prohibits demolition, buildings and works or requires the buildings and works to be carried out in a particular manner does not apply to buildings and works specified in Clause 52.401 provided all of the following requirements are met: The buildings and works are not within green wedge land as defined in section 46AC of the Planning and Environment Act 1987. The buildings and works are set back at least 5 metres from any property boundary. For buildings and works that are set back between 5 and less than 20 metres from a property boundary, the development does not exceed 8.5 metres in height. For buildings and works that are set back 20 metres or more from a property boundary, the development does not exceed 12 metres in height. Any window is located and designed to avoid direct views into the secluded private open space and habitable room windows of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, except where it either:Has a sill height of at least 1.7 metres above floor level. Has fixed, obscure glazing in any part of the window below 1.7 metres above floor level. Has permanently fixed external screens to at least 1.7 metres above floor level. The buildings and works does not result in a change to the existing traffic access arrangements or changes to the number of car parking spaces provided on site. Native vegetation is not removed, destroyed or lopped, except where:It is exempt under Clause 52.17-6. There are no more than 5 trees to be removed if each tree has a trunk diameter of less than 40 centimetres, as measured at a height of 1.3 metres above ground level. The buildings and works are not affected by any planning scheme overlay. A building and works which accords with all the above requirements must be certified by a qualified building surveyor. The certified plans must be signed and dated.
Where the requirements of certification are not met or where land is affected by an overlay, plans must be submitted for approval to the satisfaction of the responsible authority in accordance with Clause 52.40-4. 52.40-3
22/05/2009 VC56
Information requirements Plans submitted for certification or approved to the satisfaction of the responsible authority in accordance with Clause 52.40-2 and 52.40-4 must contain the following information: An identifying plan number and date, title, scale and orientation. The boundaries and dimensions of the whole site. The location and use of buildings and works on the site and adjoining land. Layout of existing buildings and works, and the layout and floor plan of the proposed development. Dimensioned setback distances from the proposed development to all site boundaries. Extent of any proposed building demolition and structures to remain. Elevations of the proposed buildings and works on the site including proposed alterations and additions to existing buildings. A schedule of materials, colours and finishes of external surfaces. The location of existing vegetation and details of any vegetation removal including lopping. Where plans are submitted for approval to the satisfaction of the responsible authority in accordance with Clause 52.40-4 the responsible authority may waive or reduce these requirements.
52.40-4
22/05/2009 VC56
Plans approved to the satisfaction of the responsible authority Any requirement of the scheme to obtain a permit or any provision in the scheme which prohibits demolition, buildings and works or requires the buildings and works to be carried out in a particular manner does not apply to buildings and works specified in Clause 52.401 and where approved to the satisfaction of the responsible authority. Where any of the requirements of Clause 52.40-2 are not met, or where land is affected by an overlay, plans must be submitted and approved to the satisfaction of the responsible authority. The plans submitted to the responsible authority must include the following requirements: For land within a Floodway Overlay, Special Building Overlay or Land Subject to Inundation Overlay, be accompanied by the written authorisation of the relevant floodplain management authority. For land within a Heritage Overlay, be accompanied by a report or statement addressing the impact of the proposed works on the heritage significance of the site. For land within a Vegetation Protection Overlay, Environmental Significance Overlay or Significant Landscape Overlay be accompanied by a report or statement prepared by a suitably qualified consultant addressing the impact of the proposed works and/or vegetation removal on the relevant statement of significance and objectives of the overlay. For land within a Development Plan Overlay or Incorporated Plan Overlay be accompanied by a copy of the approved Development Plan or Incorporated Plan, where applicable.
For land within an Airport Environs Overlay, Melbourne Airport Environs Overlay, City Link Project Overlay, Public Acquisition Overlay, Wildfire Management Overlay, Salinity Management Overlay, State Resource Overlay, be accompanied by the written authorisation of the relevant management authority. For land within any other overlay, be accompanied by a statement or report addressing the impact of the proposed buildings and works on the relevant purposes and decision guidelines of the overlay. For any buildings and works which include a change to traffic access, a traffic report prepared by a suitably qualified consultant is required to be submitted to the responsible authority. The responsible authority may waive or reduce any of these requirements. 52.40-5
22/05/2009 VC56
Lodgement of plans Once certified by a qualified building surveyor or approved by the responsible authority, the school must lodge a copy of the plans with the relevant council, together with written confirmation that the BER funding has been granted, prior to the commencement of the buildings and works. The buildings and works must be constructed in accordance with the certified plans.
52.40-6
22/05/2009 VC56
Decision Guidelines Before determining that the plans submitted under Clause 52.40-4 are to the satisfaction of the responsible authority, in addition to the decision guidelines in Clause 65 and any other requirements of the Act, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The extent to which the development is generally in accordance with the strategic intent of any approved Development Plan, Incorporated Plan or relevant Structure Plan for the site. The impact of the buildings and works on the amenity of the surrounding area including overlooking, overshadowing and neighbourhood character. The purposes and decision guidelines of any planning scheme zone or overlay affecting the site. Any comments from the relevant council.
52.40-7
22/05/2009 VC56
Transitional arrangements The requirements of the planning scheme as in force immediately before 22 May 2009 continue to apply to a permit application for buildings and works carried out by or on behalf of an education centre, to which this clause would otherwise apply, made before that date. Expiry The provisions of this Clause will expire on 30 June 2012. In accordance with Clause 61.01 the Minister for Planning is the Responsible Authority for buildings and, or works in education centres that are proposed to be funded under the Building the Education Revolution program.
52.40-8
22/05/2009 VC56
Notes:
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52.41
22/05/2009 VC56
GOVERNMENT FUNDED SOCIAL HOUSING Purpose To support the development of social housing projects funded under the Commonwealths Nation Building Economic Stimulus Plan.
52.41-1
22/05/2009 VC56
Scope This clause applies to the use or development of land for accommodation recommended for funding by the Department of Human Services (Office of Housing Victoria) under the Social Housing Initiative of the Commonwealths Nation Building Economic Stimulus Plan. Application requirements An application to use land, construct a building or carry out works must be accompanied by the following information, as appropriate: Written confirmation from the Department of Human Services (Office of Housing Victoria) that the application is a priority project and recommended for funding under the Social Housing Initiative of the Commonwealths Nation Building Economic Stimulus Plan. Certification from a suitably qualified town planning consultant declaring that the application lodged with the Minister for Planning: Is consistent with the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Contains all necessary information to enable the Minister for Planning to make a decision on the proposal (including assessment against the requirements of Clauses 54.01 and 55.01 in relation to neighbourhood and site description and design response, as appropriate). The responsible authority may waive or reduce these requirements.
52.41-2
22/05/2009 VC56
52.41-3
22/05/2009 VC56
Exemption from notice and review An application under any provision of the scheme to use land, construct a building or carry out works for accommodation is exempt from the notice requirements of Section 52 (1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act if the application is accompanied by written confirmation from the Department of Human Services (Office of Housing Victoria) that the application is a priority project and has been recommended for funding under the Social Housing Initiative of the Commonwealths Nation Building Economic Stimulus Plan. Decision Guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any comments from the relevant council.
52.41-4
22/05/2009 VC56
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52.41-5
22/05/2009 VC56
Transitional arrangements The requirements of the planning scheme as in force immediately before 22 May 2009 continue to apply to a permit application for use and development for accommodation, to which this clause would otherwise apply, made before that date. Expiry The provisions of this Clause will expire on 30 June 2012. In accordance with Clause 61.01 the Minister for Planning is the Responsible Authority for applications for the use of land for accommodation, or for buildings and works in association with the use of land for accommodation, that have been recommended for funding under the Social Housing Initiative of the Commonwealths Nation Building Economic Stimulus Plan.
52.41-6
22/05/2009 VC56
Notes:
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52.42
21/09/2009 VC60
RENEWABLE ENERGY FACILITY (OTHER THAN WIND ENERGY FACILITY AND GEOTHERMAL ENERGY EXTRACTION)
Purpose To facilitate the establishment and expansion of renewable energy facilities, in appropriate locations, with minimal impact on the amenity of the area. 52.42-1
21/09/2009 VC60
Scope This clause applies to land used and developed or proposed to be used and developed for a renewable energy facility.
52.42-2
21/09/2009 VC60
Application requirements An application must be accompanied by the following information, as appropriate: A site and context analysis, including: A site plan, photographs or other techniques to accurately describe the site and the surrounding area. A location plan showing the full site area, local electricity grid, access roads to the site and direction and distance to nearby accommodation, hospital or education centre. A design response, including: Detailed plans of the proposed development including, the layout and height of the facility and associated building and works, materials, reflectivity, colour, lighting, landscaping, the electricity distribution starting point (where the electricity will enter the distribution system), access roads and parking areas. Accurate visual simulations illustrating the development in the context of the surrounding area and from key public view points. The extent of vegetation removal and a rehabilitation plan for the site. A written report(s), including: An explanation of how the proposed design derives from and responds to the site analysis. A description of the proposal, including the types of process to be utilised, materials to be stored and the treatment of waste. Whether a Works Approval or Licence is required from the Environment Protection Authority. An assessment of: the potential amenity impacts such as noise, glint, light spill, emissions to air, land or water, vibration, smell and electromagnetic interference. the effect of traffic to be generated on roads. the impact upon Aboriginal or non-Aboriginal cultural heritage. the impact of the proposal on any species listed under the Flora and Fauna Guarantee Act 1988 or Environment Protection and Biodiversity Conservation Act 1999.
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A statement of why the site is suitable for a renewable energy facility including, a calculation of the greenhouse benefits. An environmental management plan including, a construction management plan, any rehabilitation and monitoring. 52.42-3
21/09/2009 VC60
Decision guidelines Before deciding on an application, in addition to the decision guidelines of Clause 65, the responsible authority must consider, as appropriate: The effect of the proposal on the surrounding area in terms of noise, glint, light spill, vibration, smell and electromagnetic interference The impact of the proposal on significant views, including visual corridors and sightlines. The impact of the proposal on the natural environment and natural systems. Whether the proposal will require traffic management measures.
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52.43
10/09/2009 VC61
INTERIM MEASURES FOR BUSHFIRE PROTECTION Purpose To enable the removal, destruction or lopping of vegetation to reduce fuel load around buildings used for accommodation and on roadsides to assist with minimising risk to life and property from bushfire.
52.43-1
10/09/2009 VC61
Exemption from planning scheme and planning permit requirements Any requirement of a planning permit, including any condition, which has the effect of prohibiting the removal, destruction or lopping of vegetation, or any requirement of the planning scheme to obtain a planning permit or any provision in the planning scheme which prohibits the removal, destruction or lopping of vegetation or requires the removal, destruction or lopping of vegetation to be carried out in a particular manner, does not apply to the following measures for bushfire protection: The removal, destruction or lopping of any vegetation within 10 metres of a building used for accommodation. The removal, destruction or lopping of any vegetation, except for trees, within 30 metres of a building used for accommodation. The removal, destruction or lopping of any vegetation for a combined maximum width of 4 metres either side of a fence on a boundary between properties in different ownership. Fuel reduction burning on the roadside of an existing public road. The removal of fallen wood for personal use from the roadside of an existing public road. This clause does not apply to the area covered by the Banyule, Bayside, Boroondara, Brimbank, Darebin, Glen Eira, Greater Dandenong, Hobsons Bay, Kingston, Knox, Maribyrnong, Maroondah, Melbourne, Monash, Moonee Valley, Moreland, Port of Melbourne, Port Phillip, Stonnington, Whitehorse and Yarra Planning Schemes. For the avoidance of doubt any planning permit exemption provided by the planning scheme for the removal, destruction or lopping of vegetation continues to apply.
52.43-2
10/09/2009 VC61
Expiry The provisions of this clause will expire on 31 August 2010.
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54
19/01/2006 VC37
ONE DWELLING ON A LOT
Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character. To encourage residential development that provides reasonable standards of amenity for existing and new residents. To encourage residential development that is responsive to the site and the neighbourhood. Application These provisions apply to an application to construct a building or construct or carry out works associated with one dwelling on a lot under the provisions of: A Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or Township Zone. A Neighbourhood Character Overlay if the land is in a Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or Township Zone. Operation The provisions of this clause contain: Objectives. An objective describes the desired outcome to be achieved in the completed development. Standards. A standard contains the requirements to meet the objective. A standard should normally be met. However, if the responsible authority is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered. Decision guidelines. The decision guidelines set out the matters that the responsible authority must consider before deciding if an application meets the objectives. Requirements A development: Must meet all of the objectives of this clause. Should meet all of the standards of this clause. If the schedule to a zone specifies a requirement of a standard different from a requirement set out in this clause, the requirement in the schedule to the zone applies. If the land is included in a Neighbourhood Character Overlay and a schedule to the overlay specifies a requirement of a standard different from a requirement set out in this clause or a requirement in the schedule to a zone, the requirement in the schedule to the overlay applies. If the land is included in an overlay, other than a Neighbourhood Character Overlay, and a schedule to the overlay specifies a requirement different from a requirement of a standard set out in this clause or a requirement of a standard set out in the schedule to a zone, the requirement in the overlay applies.
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54.01
19/01/2006 VC37
NEIGHBOURHOOD AND SITE DESCRIPTION AND DESIGN RESPONSE An application must be accompanied by: A neighbourhood and site description. A design response.
54.01-1
19/01/2006 VC37
Neighbourhood and site description The neighbourhood and site description may use a site plan, photographs or other techniques and must accurately describe: In relation to the neighbourhood: The built form, scale and character of surrounding development including front fencing. Architectural and roof styles. Any other notable features or characteristics of the neighbourhood. In relation to the site: Site shape, size, orientation and easements. Levels of the site and the difference in levels between the site and surrounding properties. Location of existing buildings on the site and on surrounding properties, including the location and height of walls built to the boundary of the site. The use of surrounding buildings. The location of secluded private open space and habitable room windows of surrounding properties which have an outlook to the site within 9 metres. Solar access to the site and to surrounding properties. Location of significant trees existing on the site and any significant trees removed from the site in the 12 months prior to the application being made, where known. Any contaminated soils and filled areas, where known. Views to and from the site. Street frontage features such as poles, street trees and kerb crossovers. Any other notable features or characteristics of the site. If in the opinion of the responsible authority a requirement of the neighbourhood and site description is not relevant to the evaluation of an application, the responsible authority may waive or reduce the requirement. Satisfactory neighbourhood and site description The responsible authority must inform the applicant in writing: Before notice of an application is given, or If notice of an application is not required to be given, before deciding the application, that the neighbourhood and site description meets the requirements of Clause 54.01-1 and is satisfactory or does not meet the requirements of Clause 54.01-1 and is not satisfactory.
PAGE 1 OF 2
If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause 54.01-1 and is satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act. 54.01-2
19/01/2006 VC37
Design response The design response must explain how the proposed design: Derives from and responds to the neighbourhood and site description. Meets the objectives of Clause 54. Responds to any neighbourhood character features for the area identified in a local planning policy or a Neighbourhood Character Overlay. The design response must include correctly proportioned street elevations or photographs showing the development in the context of adjacent buildings. If in the opinion of the responsible authority this requirement is not relevant to the evaluation of an application, it may waive or reduce the requirement.
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54.02
19/01/2006 VC37
NEIGHBOURHOOD CHARACTER
54.02-1
19/01/2006 VC37
Neighbourhood character objective To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area. Standard A1 The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The neighbourhood and site description. The design response.
54.02-2
19/01/2006 VC37
Integration with the street objective To integrate the layout of development with the street. Standard A2 Dwellings should be oriented to front existing and proposed streets. High fencing in front of dwellings should be avoided if practicable. Dwellings should be designed to promote the observation of abutting streets and any abutting public open spaces. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response.
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54.03
19/01/2006 VC37
SITE LAYOUT AND BUILDING MASSING
54.03-1
19/01/2006 VC37
Street setback objective To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. Standard A3 Walls of buildings should be set back from streets: At least the distance specified in the schedule to the zone, or If no distance is specified in the schedule to the zone, the distance specified in Table A1. Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard.
Table A1 Street setback

DEVELOPMENT CONTEXT MINIMUM SETBACK FROM FRONT STREET (METRES) MINIMUM SETBACK FROM A SIDE STREET (METRES)
There is an existing building on both the abutting allotments facing the same street, and the site is not on a corner.
The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser. The same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street or 9 metres, whichever is the lesser.
Not applicable
There is an existing building on one abutting allotment facing the same street and no existing building on the other abutting allotment facing the same street, and the site is not on a corner. There is no existing building on either of the abutting allotments facing the same street, and the site is not on a corner.
Not applicable
6 metres for streets in a Road Zone, Category 1, and 4 metres for other streets.
Not applicable
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DEVELOPMENT CONTEXT
MINIMUM SETBACK FROM FRONT STREET (METRES)
MINIMUM SETBACK FROM A SIDE STREET (METRES)
The site is on a corner.
If there is a building on the abutting allotment facing the front street, the same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street or 9 metres, whichever is the lesser. If there is no building on the abutting allotment facing the front street, 6 metres for streets in a Road Zone, Category 1, and 4 metres for other streets.
The same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 2 metres, whichever is the lesser.
Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. Whether a different setback would be more appropriate taking into account the prevailing setbacks of existing buildings on nearby lots. The visual impact of the building when viewed from the street and from adjoining properties. The value of retaining vegetation within the front setback. 54.03-2
19/01/2006 VC37
Building height objective To ensure that the height of buildings respects the existing or preferred neighbourhood character. Standard A4 The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land. If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres. Changes of building height between existing buildings and new buildings should be graduated. Decision guidelines
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Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The effect of the slope of the site on the height of the building. The relationship between the proposed building height and the height of existing adjacent buildings. The visual impact of the building when viewed from the street and from adjoining properties. 54.03-3
19/01/2006 VC37
Site coverage objective To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site. Standard A5 The site area covered by buildings should not exceed: The maximum site coverage specified in the schedule to the zone, or If no maximum site coverage is specified in the schedule to the zone, 60 per cent. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The existing site coverage and any constraints imposed by existing development or the features of the site. The site coverage of adjacent properties. The effect of the visual bulk of the building and whether this is acceptable in the neighbourhood.
54.03-4
19/01/2006 VC37
Permeability objectives To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration. Standard A6 At least 20 per cent of the site should not be covered by impervious surfaces. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response.
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The existing site coverage and any constraints imposed by existing development. The capacity of the drainage network to accommodate additional stormwater. The capacity of the site to absorb run-off. The practicality of achieving at least 20 per cent site coverage of pervious surfaces, particularly on lots of less than 300 square metres. 54.03-5
19/01/2006 VC37
Energy efficiency protection objectives To achieve and protect energy efficient dwellings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy. Standard A7 Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the dwelling, if practicable. Dwellings should be designed so that solar access to north-facing windows is maximised. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The size, orientation and slope of the lot. The existing amount of solar access to abutting properties. The availability of solar access to north-facing windows on the site.
54.03-6
19/01/2006 VC37
Significant trees objectives To encourage development that respects the landscape character of the neighbourhood. To encourage the retention of significant trees on the site. Standard A8 Development should provide for the retention or planting of trees, where these are part of the neighbourhood character. Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme.
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The design response. The health of any trees that were removed or are proposed to be removed. Whether a tree was removed to gain a development advantage. 54.03-7
19/01/2006 VC37
Parking objective To ensure that car parking is adequate for the needs of residents. Standard A9 Two car spaces should be provided per dwelling with: One space at least 6 metres long and 3.5 metres wide and covered or capable of being covered. The second space at least 4.9 metres long and 2.6 metres wide. If the car spaces are provided in a garage, carport or otherwise constrained by walls, a double space may be 5.5 metres wide measured inside the garage or carport. A building may project into a car space if it is at least 2.1 metres above the space. The requirements of this standard do not apply to extensions to existing dwellings. Decision guidelines Before deciding on an application, the responsible authority must consider: The likely needs of users. The practicality of providing car parking on the site, particularly for lots of less than 300 square metres. The reduction of on-street car parking spaces resulting from the provision of car parking on the site, particularly for lots of less than 300 square metres. The availability of public transport and on-street parking. Any relevant local planning policy or parking precinct plan.
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54.04
19/01/2006 VC37
AMENITY IMPACTS
54.04-1
19/01/2006 VC37
Side and rear setbacks objective To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings. Standard A10 A new building not on or within 150mm of a boundary should be set back from side or rear boundaries: At least the distance specified in the schedule to the zone, or If no distance is specified in the schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres. Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard. Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard. Diagram A1 Side and rear setbacks
Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The impact on the amenity of the habitable room windows and secluded private open space of existing dwellings. Whether the wall is opposite an existing or simultaneously constructed wall built to the boundary.
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Whether the wall abuts a side or rear lane. 54.04-2

19/01/2006 VC37
Walls on boundaries objective To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings. Standard A11 A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of a lot should not abut the boundary for a length of more than: 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater. A new wall or carport may fully abut a side or rear boundary where the slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary. A building on a boundary includes a building set back up to 150mm from a boundary. The height of a new wall constructed on or within 150mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The extent to which walls on boundaries are part of the neighbourhood character. The visual impact of the building when viewed from adjoining properties. The impact on the amenity of existing dwellings. The opportunity to minimise the length of walls on boundaries by aligning a new wall on a boundary with an existing wall on a lot of an adjoining property. The orientation of the boundary that the wall is being built on. The width of the lot. The extent to which the slope and retaining walls or fences reduce the effective height of the wall. Whether the wall abuts a side or rear lane. The need to increase the wall height to screen a box gutter.
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54.04-3
19/01/2006 VC37
Daylight to existing windows objective To allow adequate daylight into existing habitable room windows. Standard A12 Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot. Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window. Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.
Diagram A2 Daylight to existing windows
Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The extent to which the existing dwelling has provided for reasonable daylight access to its habitable rooms through the siting and orientation of its habitable room windows. The impact on the amenity of existing dwellings. 54.04-4
19/01/2006 VC37
North-facing windows objective To allow adequate solar access to existing north-facing habitable room windows. Standard A13 If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus
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0.6 metre for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east. Diagram A3 North-facing windows
Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. Existing sunlight to the north-facing habitable room window of the existing dwelling. The impact on the amenity of existing dwellings. 54.04-5
19/01/2006 VC37
Overshadowing open space objective To ensure buildings do not unreasonably overshadow existing secluded private open space. Standard A14 Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The impact on the amenity of existing dwellings. Existing sunlight penetration to the secluded private open space of the existing dwelling.
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The time of day that sunlight is available to the secluded private open space of the existing dwelling. The effect of a reduction in sunlight on the existing use of the secluded private open space. 54.04-6
19/01/2006 VC37
Overlooking objective To limit views into existing secluded private open space and habitable room windows. Standard A15 A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space and habitable room windows of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: Offset a minimum of 1.5 metres from the edge of one window to the edge of the other, or Have sill heights of at least 1.7 metres above floor level, or Have obscure glazing in any part of the window below 1.7 metres above floor level, or Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent. Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard. Screens used to obscure a view should be: Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels. Permanent, fixed and durable. Designed and coloured to blend in with the development. This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary. Diagram A4 Overlooking open space
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Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The impact on the amenity of the secluded private open space or habitable room window. The existing extent of overlooking into the secluded private open space and habitable room windows of existing dwellings. The internal daylight to and amenity of the proposed dwelling.
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54.05
19/01/2006 VC37
ON-SITE AMENITY AND FACILITIES
54.05-1
19/01/2006 VC37
Daylight to new windows objective To allow adequate daylight into new habitable room windows. Standard A16 A window in a habitable room should be located to face: An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or A verandah provided it is open for at least one third of its perimeter, or A carport provided it has two or more open sides and is open for at least one third of its perimeter. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. Whether there are other windows in the habitable room which have access to daylight.
54.05-2
19/01/2006 VC37
Private open space objective To provide adequate private open space for the reasonable recreation and service needs of residents. Standard A17 A dwelling should have private open space of an area and dimensions specified in the schedule to the zone. If no area or dimensions is specified in the schedule to the zone, a dwelling should have private open space consisting of an area of 80 square metres or 20 per cent of the area of the lot, whichever is the lesser, but not less than 40 square metres. At least one part of the private open space should consist of secluded private open space with a minimum area of 25 square metres and a minimum dimension of 3 metres at the side or rear of the dwelling with convenient access from a living room. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The useability of the private open space, including its size and accessibility. The availability of and access to public open space. The orientation of the lot to the street and the sun.
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54.05-3
19/01/2006 VC37
Solar access to open space objective To allow solar access into the secluded private open space of a new dwelling. Standard A18 The private open space should be located on the north side of the dwelling, if practicable. The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2 + 0.9h) metres, where h is the height of the wall.
Diagram A5 Solar access to open space
Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The useability and amenity of the secluded private open space based on the sunlight it will receive.
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54.06
19/01/2006 VC37
DETAILED DESIGN
54.06-1
19/01/2006 VC37
Design detail objective To encourage design detail that respects the existing or preferred neighbourhood character. Standard A19 The design of buildings, including: Facade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets, should respect the existing or preferred neighbourhood character. Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The effect on the visual bulk of the building and whether this is acceptable in the neighbourhood setting. Whether the design is innovative and of a high architectural standard.
54.06-2
19/01/2006 VC37
Front fences objective To encourage front fence design that respects the existing or preferred neighbourhood character. Standard A20 The design of front fences should complement the design of the dwelling and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: The maximum height specified in the schedule to the zone, or If no maximum height is specified in the schedule to the zone, the maximum height specified in Table A2.
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Table A2 Maximum front fence height

STREET CONTEXT Streets in a Road Zone, Category 1 Other streets MAXIMUM FRONT FENCE HEIGHT 2 metres 1.5 metres
Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The setback, height and appearance of front fences on adjacent properties. The extent to which slope and retaining walls reduce the effective height of the front fence. Whether the fence is needed to minimise noise intrusion.
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55
19/01/2006 VC37
TWO OR MORE DWELLINGS ON A LOT AND RESIDENTIAL BUILDINGS
Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character. To encourage residential development that provides reasonable standards of amenity for existing and new residents. To encourage residential development that is responsive to the site and the neighbourhood. Application These provisions apply to an application to: Construct a dwelling if there is at least one dwelling existing on the lot, Construct two or more dwellings on a lot, Extend a dwelling if there are two or more dwellings on the lot, Construct or extend a dwelling on common property, or Construct or extend a residential building, in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone and Township Zone. These provisions do not apply to an application to construct or extend a development of four or more storeys, excluding a basement. Operation The provisions of this clause contain: Objectives. An objective describes the desired outcome to be achieved in the completed development. Standards. A standard contains the requirements to meet the objective. A standard should normally be met. However, if the responsible authority is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered. Decision guidelines. The decision guidelines set out the matters that the responsible authority must consider before deciding if an application meets the objectives. Requirements A development: Must meet all of the objectives of this clause. Should meet all of the standards of this clause. If the schedule to a zone specifies a requirement of a standard different from a requirement set out in this clause, the requirement in the schedule to the zone applies. If the land is included in a Neighbourhood Character Overlay and a schedule to the overlay specifies a requirement of a standard different from a requirement set out in this clause or a
PARTICULAR PROVISIONS - CLAUSE 55 PAGE 1 OF 2
requirement in the schedule to a zone, the requirement in the schedule to the overlay applies. If the land is included in an overlay, other than a Neighbourhood Character Overlay, and a schedule to the overlay specifies a requirement different from a requirement of a standard set out in this clause or a requirement of a standard set out in the schedule to a zone, the requirement in the overlay applies.
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55.01
19/01/2006 VC37
NEIGHBOURHOOD AND SITE DESCRIPTION AND DESIGN RESPONSE An application must be accompanied by: A neighbourhood and site description. A design response.
55.01-1
19/01/2006 VC37
Neighbourhood and site description The neighbourhood and site description may use a site plan, photographs or other techniques and must accurately describe: In relation to the neighbourhood: The pattern of development of the neighbourhood. The built form, scale and character of surrounding development including front fencing. Architectural and roof styles. Any other notable features or characteristics of the neighbourhood. In relation to the site: Site shape, size, orientation and easements. Levels of the site and the difference in levels between the site and surrounding properties. The location of existing buildings on the site and on surrounding properties, including the location and height of walls built to the boundary of the site. The use of surrounding buildings. The location of secluded private open space and habitable room windows of surrounding properties which have an outlook to the site within 9 metres. Solar access to the site and to surrounding properties. Location of significant trees existing on the site and any significant trees removed from the site 12 months prior to the application being made, where known. Any contaminated soils and filled areas, where known. Views to and from the site. Street frontage features such as poles, street trees and kerb crossovers. The location of local shops, public transport services and public open spaces within walking distance. Any other notable features or characteristics of the site. If in the opinion of the responsible authority a requirement of the neighbourhood and site description is not relevant to the evaluation of an application, the responsible authority may waive or reduce the requirement. Satisfactory neighbourhood and site description The responsible authority must inform the applicant in writing: Before notice of an application is given, or If notice of an application is not required to be given, before deciding the application,
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that the neighbourhood and site description meets the requirements of Clause 55.01-1 and is satisfactory or does not meet the requirements of Clause 55.01-1 and is not satisfactory. If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause 55.01-1 and is satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act. 55.01-2
19/01/2006 VC37
Design response The design response must explain how the proposed design: Derives from and responds to the neighbourhood and site description. Meets the objectives of Clause 55. Responds to any neighbourhood character features for the area identified in a local planning policy or a Neighbourhood Character Overlay. The design response must include correctly proportioned street elevations or photographs showing the development in the context of adjacent buildings. If in the opinion of the responsible authority this requirement is not relevant to the evaluation of an application, it may waive or reduce the requirement.
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55.02
19/01/2006 VC37
NEIGHBOURHOOD CHARACTER AND INFRASTRUCTURE
55.02-1
19/01/2006 VC37
Neighbourhood character objectives To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that development responds to the features of the site and the surrounding area. Standard B1 The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The neighbourhood and site description. The design response.
55.02-2
19/01/2006 VC37
Residential policy objectives To ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To support medium densities in areas where development can take advantage of public transport and community infrastructure and services. Standard B2 An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Decision guidelines Before deciding on an application, the responsible authority must consider: The State Planning Policy Framework and the Local Planning Policy Framework including the Municipal Strategic Statement and local planning policies. The design response.
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55.02-3
19/01/2006 VC37
Dwelling diversity objective To encourage a range of dwelling sizes and types in developments of ten or more dwellings. Standard B3 Developments of ten or more dwellings should provide a range of dwelling sizes and types, including: Dwellings with a different number of bedrooms. At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level.
55.02-4
19/01/2006 VC37
Infrastructure objectives To ensure development is provided with appropriate utility services and infrastructure. To ensure development does not unreasonably overload the capacity of utility services and infrastructure. Standard B4 Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available. Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads. In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure. Decision guidelines Before deciding on an application, the responsible authority must consider: The capacity of the existing infrastructure. In the absence of reticulated sewerage, the capacity of the development to treat and retain all wastewater in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970. If the drainage system has little or no spare capacity, the capacity of the development to provide for stormwater drainage mitigation or upgrading of the local drainage system.
55.02-5
19/01/2006 VC37
Integration with the street objective To integrate the layout of development with the street. Standard B5 Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility. Development should be oriented to front existing and proposed streets. High fencing in front of dwellings should be avoided if practicable.
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Development next to existing public open space should be laid out to complement the open space. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response.
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55.03
19/01/2006 VC37
SITE LAYOUT AND BUILDING MASSING
55.03-1
19/01/2006 VC37
Street setback objective To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. Standard B6 Walls of buildings should be set back from streets: At least the distance specified in the schedule to the zone, or If no distance is specified in the schedule to the zone, the distance specified in Table B1. Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard. Table B1 Street setback
DEVELOPMENT CONTEXT MINIMUM SETBACK FROM FRONT STREET (METRES) The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser. The same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street or 9 metres, whichever is the lesser. 6 metres for streets in a Road Zone, Category 1, and 4 metres for other streets. MINIMUM SETBACK FROM A SIDE STREET (METRES) Not applicable
There is an existing building on both the abutting allotments facing the same street, and the site is not on a corner.
There is an existing building on one abutting allotment facing the same street and no existing building on the other abutting allotment facing the same street, and the site is not on a corner. There is no existing building on either of the abutting allotments facing the same street, and the site is not on a corner.
Not applicable
Not applicable
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DEVELOPMENT CONTEXT
MINIMUM SETBACK FROM FRONT STREET (METRES) If there is a building on the abutting allotment facing the front street, the same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street or 9 metres, whichever is the lesser. If there is no building on the abutting allotment facing the front street, 6 metres for streets in a Road Zone, Category 1, and 4 metres for other streets.
MINIMUM SETBACK FROM A SIDE STREET (METRES) Front walls of new development fronting the side street of a corner site should be setback at least the same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 3 metres, whichever is the lesser. Side walls of new development on a corner site should be setback the same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 2 metres, whichever is the lesser.
The site is on a corner.
Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. Whether a different setback would be more appropriate taking into account the prevailing setbacks of existing buildings on nearby lots. The visual impact of the building when viewed from the street and from adjoining properties. The value of retaining vegetation within the front setback. 55.03-2
19/01/2006 VC37
Building height objective To ensure that the height of buildings respects the existing or preferred neighbourhood character. Standard B7 The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land. If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres. Changes of building height between existing buildings and new buildings should be graduated.
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Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The effect of the slope of the site on the height of the building. The relationship between the proposed building height and the height of existing adjacent buildings. The visual impact of the building when viewed from the street and from adjoining properties. 55.03-3
19/01/2006 VC37
Site coverage objective To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site. Standard B8 The site area covered by buildings should not exceed: The maximum site coverage specified in the schedule to the zone, or If no maximum site coverage is specified in the schedule to the zone, 60 per cent. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The existing site coverage and any constraints imposed by existing development or the features of the site. The site coverage of adjacent properties. The effect of the visual bulk of the building and whether this is acceptable in the neighbourhood.
55.03-4
19/01/2006 VC37
Permeability objectives To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration. Standard B9 At least 20 per cent of the site should not be covered by impervious surfaces. Decision guidelines Before deciding on an application, the responsible authority must consider:
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The design response. The existing site coverage and any constraints imposed by existing development. The capacity of the drainage network to accommodate additional stormwater. The capacity of the site to absorb run-off. The practicality of achieving at least 20 per cent site coverage of pervious surfaces, particularly on lots of less than 300 square metres. 55.03-5
19/01/2006 VC37
Energy efficiency objectives To achieve and protect energy efficient dwellings and residential buildings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy. Standard B10 Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the development, if practicable. Developments should be designed so that solar access to north-facing windows is maximised. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The size, orientation and slope of the lot. The existing amount of solar access to abutting properties. The availability of solar access to north-facing windows on the site.
55.03-6
19/01/2006 VC37
Open space objective To integrate the layout of development with any public and communal open space provided in or adjacent to the development. Standard B11 If any public or communal open space is provided on site, it should: Be substantially fronted by dwellings, where appropriate. Provide outlook for as many dwellings as practicable. Be designed to protect any natural features on the site. Be accessible and useable.
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Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant plan or policy for open space in the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The design response. 55.03-7
19/01/2006 VC37
Safety objective To ensure the layout of development provides for the safety and security of residents and property. Standard B12 Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways. Planting which creates unsafe spaces along streets and accessways should be avoided. Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways. Private spaces within developments should be protected from inappropriate use as public thoroughfares. Decision guideline Before deciding on an application, the responsible authority must consider the design response.
55.03-8
19/01/2006 VC37
Landscaping objectives To encourage development that respects the landscape character of the neighbourhood. To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance. To provide appropriate landscaping. To encourage the retention of mature vegetation on the site. Standard B13 The landscape layout and design should: Protect any predominant landscape features of the neighbourhood. Take into account the soil type and drainage patterns of the site. Allow for intended vegetation growth and structural protection of buildings. In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals. Provide a safe, attractive and functional environment for residents. Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood.
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Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made. The landscape design should specify landscape themes, vegetation (location and species), paving and lighting. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. Any relevant plan or policy for landscape design in the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The design response. The location and size of gardens and the predominant plant types in the neighbourhood. The health of any trees to be removed. Whether a tree was removed to gain a development advantage. 55.03-9
09/10/2006 VC42
Access objectives To ensure vehicle access to and from a development is safe, manageable and convenient. To ensure the number and design of vehicle crossovers respects the neighbourhood character. Standard B14 Accessways should: Be designed to allow convenient, safe and efficient vehicle movements and connections within the development and to the street network. Be designed to ensure vehicles can exit a development in a forwards direction if the accessway serves five or more car spaces, three or more dwellings, or connects to a road in a Road Zone. Be at least 3 metres wide. Have an internal radius of at least 4 metres at changes of direction. Provide a passing area at the entrance that is at least 5 metres wide and 7 metres long if the accessway serves ten or more spaces and connects to a road in a Road Zone. The width of accessways or car spaces should not exceed: 33 per cent of the street frontage, or if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage. No more than one single-width crossover should be provided for each dwelling fronting a street. The location of crossovers should maximise the retention of on-street car parking spaces. The number of access points to a road in a Road Zone should be minimised. Developments must provide for access for service, emergency and delivery vehicles.
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Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The impact on the neighbourhood character. The practicality of providing car parking on the site, particularly for lots of less than 300 square metres. The reduction of on-street car parking spaces. Traffic flows in the street and the safety of motorists and pedestrians. The effect on any significant vegetation on the site and footpath. The efficient use of the site. For developments with accessways longer than 60 metres or serving 16 or more dwellings, the relevant standards of Clauses 56.06-2, 56.06-4, 56.06-5, 56.06-7 and 56.06-8. 55.03-10
19/01/2006 VC37
Parking location objectives To provide convenient parking for resident and visitor vehicles. To avoid parking and traffic difficulties in the development and the neighbourhood. To protect residents from vehicular noise within developments. Standard B15 Car parking facilities should: Be reasonably close and convenient to dwellings and residential buildings. Be secure. Be designed to allow safe and efficient movements within the development. Be well ventilated if enclosed. Large parking areas should be broken up with trees, buildings or different surface treatments. Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway. Decision guideline Before deciding on an application, the responsible authority must consider the design response.
55.03-11
19/01/2006 VC37
Parking provision objectives To ensure that car and bicycle parking for residents and visitors is appropriate to the needs of residents. To ensure that the design of parking and access areas is practical and attractive and that these areas can be easily maintained.
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Standard B16 Car parking for residents should be provided as follows: One space for each one or two bedroom dwelling. Two spaces for each three or more bedroom dwelling, with one space under cover. Studies or studios that are separate rooms must be counted as bedrooms. Developments of five or more dwellings should provide visitor car parking of one space for every five dwellings. The spaces should be clearly marked as visitor parking. In developments of five or more dwellings, bicycle parking spaces should be provided. Car spaces and accessways should have the minimum dimensions specified in Table B2. Table B2 Car park and accessway dimensions
ANGLE OF CAR SPACES TO ACCESSWAY Parallel 45 60 90 ACCESSWAY WIDTH CAR SPACE WIDTH CAR SPACE LENGTH
3.6 m 3.5 m 4.9 m 6.4 m 5.8 m 5.2 m 4.8 m
2.3 m 2.6 m 2.6 m 2.6 m 2.8 m 3.0 m 3.2 m
6.7 m 4.9 m 4.9 m 4.9 m 4.9 m 4.9 m 4.9 m
A building may project into the space if it is at least 2.1 metres above the space. Car spaces in garages, carports or otherwise constrained by walls should be at least 6 metres long and 3.5 metres wide for a single space and 5.5 metres wide for a double space measured inside the garage or carport. Car parking facilities should: Be designed for efficient use and management. Minimise the area of hard surface. Be designed, surfaced and graded to reduce run-off and allow stormwater to drain into the site. Be lit. Decision guidelines Before deciding on an application, the responsible authority must consider: The reduction in the demand for on-site parking in rental housing, managed by not for profit organisations, intended for residents likely to have a low level of car ownership. The number, type and size of dwellings. The availability of public transport and on-street parking.
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The practicality of providing car parking on the site, particularly for lots of less than 300 square metres. The reduction of on-street car parking spaces associated with the provision of car parking on the site, particularly for lots of less than 300 square metres. Local traffic and parking management plans and safety considerations. Any relevant local planning policy or parking precinct plan.
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55.04
19/01/2006 VC37
AMENITY IMPACTS
55.04-1
19/01/2006 VC37
Side and rear setbacks objective To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings. Standard B17 A new building not on or within 150mm of a boundary should be set back from side or rear boundaries: At least the distance specified in the schedule to the zone, or If no distance is specified in the schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres. Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard. Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard. Diagram B1 Side and rear setbacks
Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The impact on the amenity of the habitable room windows and secluded private open space of existing dwellings.
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Whether the wall is opposite an existing or simultaneously constructed wall built to the boundary. Whether the wall abuts a side or rear lane. 55.04-2
19/01/2006 VC37
Walls on boundaries objective To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings. Standard B18 A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary for a length of more than: 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater. A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary. A building on a boundary includes a building set back up to 150mm from a boundary. The height of a new wall constructed on or within 150mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The extent to which walls on boundaries are part of the neighbourhood character. The impact on the amenity of existing dwellings. The opportunity to minimise the length of walls on boundaries by aligning a new wall on a boundary with an existing wall on a lot of an adjoining property. The orientation of the boundary that the wall is being built on. The width of the lot. The extent to which the slope and retaining walls or fences reduce the effective height of the wall. Whether the wall abuts a side or rear lane. The need to increase the wall height to screen a box gutter.
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55.04-3
19/01/2006 VC37
Daylight to existing windows objective To allow adequate daylight into existing habitable room windows. Standard B19 Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot. Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window. Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window. Diagram B2 Daylight to existing windows
Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The extent to which the existing dwelling has provided for reasonable daylight access to its habitable rooms through the siting and orientation of its habitable room windows. The impact on the amenity of existing dwellings. 55.04-4
19/01/2006 VC37
North-facing windows objective To allow adequate solar access to existing north-facing habitable room windows. Standard B20 If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side
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of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east. Diagram B3 North-facing windows
Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. Existing sunlight to the north-facing habitable room window of the existing dwelling. The impact on the amenity of existing dwellings. 55.04-5
19/01/2006 VC37
Overshadowing open space objective To ensure buildings do not significantly overshadow existing secluded private open space. Standard B21 Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The impact on the amenity of existing dwellings. Existing sunlight penetration to the secluded private open space of the existing dwelling.
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The time of day that sunlight will be available to the secluded private open space of the existing dwelling. The effect of a reduction in sunlight on the existing use of the existing secluded private open space. 55.04-6
19/01/2006 VC37
Overlooking objective To limit views into existing secluded private open space and habitable room windows. Standard B22 A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: Offset a minimum of 1.5 metres from the edge of one window to the edge of the other. Have sill heights of at least 1.7 metres above floor level. Have fixed, obscure glazing in any part of the window below 1.7 metre above floor level. Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent. Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard. Screens used to obscure a view should be: Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels. Permanent, fixed and durable. Designed and coloured to blend in with the development. This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary.
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Diagram B4 Overlooking open space
Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The impact on the amenity of the secluded private open space or habitable room window. The existing extent of overlooking into the secluded private open space and habitable room windows of existing dwellings. The internal daylight to and amenity of the proposed dwelling or residential building. 55.04-7
19/01/2006 VC37
Internal views objective To limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development. Standard B23 Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development. Decision guideline Before deciding on an application, the responsible authority must consider the design response.
55.04-8
19/01/2006 VC37
Noise impacts objectives To contain noise sources in developments that may affect existing dwellings. To protect residents from external noise.
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Standard B24 Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings. Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties. Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms. Decision guideline Before deciding on an application, the responsible authority must consider the design response.
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55.05
19/01/2006 VC37
ON-SITE AMENITY AND FACILITIES
55.05-1
19/01/2006 VC37
Accessibility objective To encourage the consideration of the needs of people with limited mobility in the design of developments. Standard B25 The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility.
55.05-2
19/01/2006 VC37
Dwelling entry objective To provide each dwelling or residential building with its own sense of identity. Standard B26 Entries to dwellings and residential buildings should: Be visible and easily identifiable from streets and other public areas. Provide shelter, a sense of personal address and a transitional space around the entry.
55.05-3
19/01/2006 VC37
Daylight to new windows objective To allow adequate daylight into new habitable room windows. Standard B27 A window in a habitable room should be located to face: An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or A verandah provided it is open for at least one third of its perimeter, or A carport provided it has two or more open sides and is open for at least one third of its perimeter. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. Whether there are other windows in the habitable room which have access to daylight.
55.05-4
19/01/2006 VC37
Private open space objective To provide adequate private open space for the reasonable recreation and service needs of residents.
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Standard B28 A dwelling or residential building should have private open space of an area and dimensions specified in the schedule to the zone. If no area or dimensions are specified in the schedule to the zone, a dwelling or residential building should have private open space consisting of: An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The useability of the private open space, including its size and accessibility. The availability of and access to public or communal open space. The orientation of the lot to the street and the sun. 55.05-5
19/01/2006 VC37
Solar access to open space objective To allow solar access into the secluded private open space of new dwellings and residential buildings. Standard B29 The private open space should be located on the north side of the dwelling or residential building, if appropriate. The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2 + 0.9h) metres, where h is the height of the wall.
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Diagram B5 Solar access to open space
Decision guidelines Before deciding on an application, the responsible authority must consider: The design response. The useability and amenity of the secluded private open space based on the sunlight it will receive. 55.05-6
19/01/2006 VC37
Storage objective To provide adequate storage facilities for each dwelling. Standard B30 Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space.
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55.06
19/01/2006 VC37
DETAILED DESIGN
55.06-1
19/01/2006 VC37
Design detail objective To encourage design detail that respects the existing or preferred neighbourhood character. Standard B31 The design of buildings, including: Facade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets, should respect the existing or preferred neighbourhood character. Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character. Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The effect on the visual bulk of the building and whether this is acceptable in the neighbourhood setting. Whether the design is innovative and of a high architectural standard.
55.06-2
19/01/2006 VC37
Front fences objective To encourage front fence design that respects the existing or preferred neighbourhood character. Standard B32 The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: The maximum height specified in the schedule to the zone, or If no maximum height is specified in the schedule to the zone, the maximum height specified in Table B3.
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Table B3 Maximum front fence height

STREET CONTEXT Streets in a Road Zone, Category 1 Other streets MAXIMUM FRONT FENCE HEIGHT 2 metres 1.5 metres
Decision guidelines Before deciding on an application, the responsible authority must consider: Any relevant neighbourhood character objective, policy or statement set out in this scheme. The design response. The setback, height and appearance of front fences on adjacent properties. The extent to which slope and retaining walls reduce the effective height of the front fence. Whether the fence is needed to minimise noise intrusion. 55.06-3
19/01/2006 VC37
Common property objectives To ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained. To avoid future management difficulties in areas of common ownership. Standard B33 Developments should clearly delineate public, communal and private areas. Common property, where provided, should be functional and capable of efficient management.
55.06-4
19/01/2006 VC37
Site services objectives To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive. Standard B34 The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically. Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development. Bin and recycling enclosures should be located for convenient access by residents. Mailboxes should be provided and located for convenient access as required by Australia Post. Decision guideline Before deciding on an application, the responsible authority must consider the design response.
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56
09/10/2006 VC42
RESIDENTIAL SUBDIVISION
Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To create livable and sustainable neighbourhoods and urban places with character and identity. To achieve residential subdivision outcomes that appropriately respond to the site and its context for: Metropolitan Melbourne growth areas. Infill sites within established residential areas. Regional cities and towns.
To ensure residential subdivision design appropriately provides for: Policy implementation. Livable and sustainable communities. Residential lot design. Urban landscape. Access and mobility management. Integrated water management. Site management. Utilities. Application These provisions apply to an application to subdivide land in the Residential 1 Zone, Residential 2 Zone, Residential 3 Zone, Mixed Use Zone or Township Zone and any Comprehensive Development Zone or Priority Development Zone that provides for residential development. These provisions do not apply to an application to subdivide land into lots each containing an existing dwelling or car parking space. Operation The provisions of this clause contain: Objectives. An objective describes the desired outcome to be achieved in the completed subdivision. Standards. A standard contains the requirements to meet the objective. A standard should normally be met. However, if the responsible authority is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.
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Requirement An application to subdivide land: Must be accompanied by a site and context description and a design response. Must meet all of the objectives included in the clauses specified in the zone. Should meet all of the standards included in the clauses specified in the zone. Certification of standards A subdivision may be certified by a person authorised by the Minister for Planning as meeting the requirements of a standard in this clause. A standard that is certified as met is deemed to have met the objective of that standard.
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56.01
09/10/2006 VC42
SUBDIVISION SITE AND CONTEXT DESCRIPTION AND DESIGN RESPONSE
56.01-1
09/10/2006 VC42
Subdivision site and context description The site and context description may use a site plan, photographs or other techniques and must accurately describe: In relation to the site: Site shape, size, dimensions and orientation. Levels and contours of the site. Natural features including trees and other significant vegetation, drainage lines, water courses, wetlands, ridgelines and hill tops. The siting and use of existing buildings and structures. Street frontage features such as poles, street trees and kerb crossovers. Access points. Location of drainage and other utilities. Easements. Any identified natural or cultural features of the site. Significant views to and from the site. Noise and odour sources or other external influences. Soil conditions, including any land affected by contamination, erosion, salinity, acid sulphate soils or fill. Any other notable features or characteristics of the site. Adjacent uses. Any other factor affecting the capacity to develop the site including whether the site is affected by inundation. An application for subdivision of 3 or more lots must also describe in relation to the surrounding area: The pattern of subdivision. Existing land uses. The location and use of existing buildings on adjacent land. Abutting street and path widths, materials and detailing. The location and type of significant vegetation. An application for subdivision of 60 or more lots must also describe in relation to the surrounding area: Location, distance and type of any nearby public open space and recreational facilities. Direction and distances to local shops and community facilities. Directions and walking distances to public transport routes and stops.
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Direction and walking distances to existing neighbourhood, major and principal activity centres and major employment areas. Existing transport routes, including freeways, arterial roads and streets connecting neighbourhoods. Local street network including potential connections to adjacent subdivisions. Traffic volumes and movements on adjacent roads and streets. Pedestrian, bicycle and shared paths identifying whether their primary role is neighbourhood or regional access. Any places of cultural significance. Natural features including trees and other significant vegetation, drainage lines, water courses, wetlands, ridgelines and hill tops. Proximity of any fire threats. Pattern of ownership of adjoining lots. If in the opinion of the responsible authority a requirement of the site and context description is not relevant to the assessment of an application, the responsible authority may waive or reduce the requirement. Satisfactory subdivision site and context description The responsible authority must inform the applicant in writing: Before notice of an application is given, or If notice of an application is not required to be given, before deciding the application, that the site and context description meets the requirements of Clause 56.01-1 and is satisfactory or does not meet the requirements of Clause 56.01-1 and is not satisfactory. If the responsible authority decides that the site and context description is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the site and context description meets the requirements of Clause 56.01-1 and is satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act. 56.01-2
09/10/2006 VC42
Subdivision design response The design response must explain how the proposed design: Derives from and responds to the site and context description. Responds to any site and context features for the area identified in a local planning policy or a Neighbourhood Character Overlay. Responds to any relevant objective, policy, strategy or plan set out for the area in this scheme. Meets the relevant objectives of Clause 56. The design response must include a dimensioned plan to scale showing the layout of the subdivision in context with the surrounding area. If in the opinion of the responsible authority this requirement is not relevant to the assessment of an application, it may waive or reduce the requirement.
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An application for subdivision of 60 or more lots must also include a plan that meets the requirements of Standard C2. The plan must also show the: Proposed uses of each part of the site. Natural features of the site and identify any features proposed to be altered. Proposed integrated water management system. Proposed staging of the subdivision.
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56.02
09/10/2006 VC42
POLICY IMPLEMENTATION
56.02-1
09/10/2006 VC42
Strategic implementation objective To ensure that the layout and design of a subdivision is consistent with and implements any objective, policy, strategy or plan for the area set out in this scheme. Standard C1 An application must be accompanied by a written statement that describes how the subdivision is consistent with and implements any relevant growth area, activity centre, housing, access and mobility, community facilities, open space and recreation, landscape (including any native vegetation precinct plan) and urban design objective, policy, strategy or plan for the area set out in this scheme.
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56.03
09/10/2006 VC42
LIVABLE AND SUSTAINABLE COMMUNITIES
56.03-1
09/10/2006 VC42
Compact and walkable neighbourhoods objectives To create compact neighbourhoods that are oriented around easy walking distances to activity centres, schools and community facilities, public open space and public transport. To allow easy movement through and between neighbourhoods for all people. Standard C2 A subdivision should implement any relevant growth area or any approved land-use and development strategy, plan or policy for the area set out in this scheme. An application for subdivision must include a plan of the layout of the subdivision that: Meets the objectives (if relevant to the class of subdivision specified in the zone) of: Clause 56.03-2 Activity centres Clause 56.03-3 Planning for community facilities Clause 56.04-1 Lot diversity and distribution Clause 56.06-2 Walking and cycling network Clause 56.06-3 Public transport network Clause 56.06-4 Neighbourhood street network
Shows the 400 metre street walking distance around each existing or proposed bus stop, 600 metres street walking distance around each existing or proposed tram stop and 800 metres street walking distance around each existing or proposed railway station and shows the estimated number of dwellings within those distances. Shows the layout of the subdivision in relation to the surrounding area. Is designed to be accessible for people with disabilities. 56.03-2
09/10/2006 VC42
Activity centre objective To provide for mixed-use activity centres, including neighbourhood activity centres, of appropriate area and location. Standard C3 A subdivision should implement any relevant activity centre strategy, plan or policy for the area set out in this scheme. Subdivision should be supported by activity centres that are: Accessible by neighbourhood and regional walking and cycling networks. Served by public transport that is connected to the regional public transport network. Located at public transport interchange points for the convenience of passengers and easy connections between public transport services. Located on arterial roads or connector streets. Of appropriate size to accommodate a mix of uses that meet local community needs.
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Oriented to support active street frontages, support street-based community interaction and pedestrian safety. 56.03-3
09/10/2006 VC42
Planning for community facilities objective To provide appropriately located sites for community facilities including schools, libraries, preschools and childcare, health services, police and fire stations, recreation and sports facilities. Standard C4 A subdivision should: Implement any relevant regional and local community facility strategy, plan or policy for the area set out in this scheme. Locate community facilities on sites that are in or near activity centres and public transport. School sites should: Be integrated with the neighbourhood and located near activity centres. Be located on walking and cycling networks. Have a bus stop located along the school site boundary. Have student drop-off zones, bus parking and on-street parking in addition to other street functions in abutting streets. Adjoin the public open space network and community sporting and other recreation facilities. Be integrated with community facilities. Be located on land that is not affected by physical, environmental or other constraints. Schools should be accessible by the Principal Public Transport Network in Metropolitan Melbourne and on the regional public transport network outside Metropolitan Melbourne. Primary schools should be located on connector streets and not on arterial roads. New State Government school sites must meet the requirements of the Department of Education and Training and abut at least two streets with sufficient widths to provide student drop-off zones, bus parking and on-street parking in addition to other street functions.
56.03-4
09/10/2006 VC42
Built environment objective To create urban places with identity and character. Standard C5 The built environment should: Implement any relevant urban design strategy, plan or policy for the area set out in this scheme. Provide living and working environments that are functional, safe and attractive. Provide an integrated layout, built form and urban landscape. Contribute to a sense of place and cultural identity.
An application should describe the identity and character to be achieved and the elements that contribute to that identity and character. 56.03-5
09/10/2006 VC42
Neighbourhood character objective To design subdivisions that respond to neighbourhood character. Standard C6 Subdivision should: Respect the existing neighbourhood character or achieve a preferred neighbourhood character consistent with any relevant neighbourhood character objective, policy or statement set out in this scheme. Respond to and integrate with the surrounding urban environment. Protect significant vegetation and site features.
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56.04
09/10/2006 VC42
LOT DESIGN
56.04-1
09/10/2006 VC42
Lot diversity and distribution objectives To achieve housing densities that support compact and walkable neighbourhoods and the efficient provision of public transport services. To provide higher housing densities within walking distance of activity centres. To achieve increased housing densities in designated growth areas. To provide a range of lot sizes to suit a variety of dwelling and household types. Standard C7 A subdivision should implement any relevant housing strategy, plan or policy for the area set out in this scheme. Lot sizes and mix should achieve the average net residential density specified in any zone or overlay that applies to the land or in any relevant policy for the area set out in this scheme. A range and mix of lot sizes should be provided including lots suitable for the development of: Single dwellings. Two dwellings or more. Higher density housing. Residential buildings and Retirement villages. Unless the site is constrained by topography or other site conditions, lot distribution should provide for 95 per cent of dwellings to be located no more than 400 metre street walking distance from the nearest existing or proposed bus stop, 600 metres street walking distance from the nearest existing or proposed tram stop and 800 metres street walking distance from the nearest existing or proposed railway station. Lots of 300 square metres or less in area, lots suitable for the development of two dwellings or more, lots suitable for higher density housing and lots suitable for Residential buildings and Retirement villages should be located in and within 400 metres street walking distance of an activity centre.
56.04-2
09/10/2006 VC42
Lot area and building envelopes objective To provide lots with areas and dimensions that enable the appropriate siting and construction of a dwelling, solar access, private open space, vehicle access and parking, water management, easements and the retention of significant vegetation and site features. Standard C8 An application to subdivide land that creates lots of less than 300 square metres should be accompanied by information that shows: That the lots are consistent or contain building envelope that is consistent with a development approved under this scheme, or That a dwelling may be constructed on each lot in accordance with the requirements of this scheme.
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Lots of between 300 square metres and 500 square metres should: Contain a building envelope that is consistent with a development of the lot approved under this scheme, or If no development of the lot has been approved under this scheme, contain a building envelope and be able to contain a rectangle measuring 10 metres by 15 metres, or 9 metres by 15 metres if a boundary wall is nominated as part of the building envelope. If lots of between 300 square metres and 500 square metres are proposed to contain dwellings that are built to the boundary, the long axis of the lots should be within 30 degrees east and 20 degrees west of north unless there are significant physical constraints that make this difficult to achieve. Lots greater than 500 square metres should be able to contain a rectangle measuring 10 metres by 15 metres, and may contain a building envelope. A building envelope may specify or incorporate any relevant siting and design requirement. Any requirement should meet the relevant standards of Clause 54, unless: The objectives of the relevant standards are met, and The building envelope is shown as a restriction on a plan of subdivision registered under the Subdivision Act 1988, or is specified as a covenant in an agreement under Section 173 of the Act. Where a lot with a building envelope adjoins a lot that is not on the same plan of subdivision or is not subject to the same agreement relating to the relevant building envelope: The building envelope must meet Standards A10 and A11 of Clause 54 in relation to the adjoining lot, and The building envelope must not regulate siting matters covered by Standards A12 to A15 (inclusive) of Clause 54 in relation to the adjoining lot. This should be specified in the relevant plan of subdivision or agreement. Lot dimensions and building envelopes should protect: Solar access for future dwellings and support the siting and design of dwellings that achieve the energy rating requirements of the Building Regulations. Existing or proposed easements on lots. Significant vegetation and site features. 56.04-3
09/10/2006 VC42
Solar orientation of lots objective To provide good solar orientation of lots and solar access for future dwellings. Standard C9 Unless the site is constrained by topography or other site conditions, at least 70 percent of lots should have appropriate solar orientation. Lots have appropriate solar orientation when: The long axis of lots are within the range north 20 degrees west to north 30 degrees east, or east 20 degrees north to east 30 degrees south.
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Lots between 300 square metres and 500 square metres are proposed to contain dwellings that are built to the boundary, the long axis of the lots should be within 30 degrees east and 20 degrees west of north. Dimensions of lots are adequate to protect solar access to the lot, taking into account likely dwelling size and the relationship of each lot to the street. 56.04-4
09/10/2006 VC42
Street orientation objective To provide a lot layout that contributes to community social interaction, personal safety and property security. Standard C10 Subdivision should increase visibility and surveillance by: Ensuring lots front all roads and streets and avoid the side or rear of lots being oriented to connector streets and arterial roads. Providing lots of 300 square metres or less in area and lots for 2 or more dwellings around activity centres and public open space. Ensuring streets and houses look onto public open space and avoiding sides and rears of lots along public open space boundaries. Providing roads and streets along public open space boundaries.
56.04-5
09/10/2006 VC42
Common area objectives To identify common areas and the purpose for which the area is commonly held. To ensure the provision of common area is appropriate and that necessary management arrangements are in place. To maintain direct public access throughout the neighbourhood street network. Standard C11 An application to subdivide land that creates common land must be accompanied by a plan and a report identifying: The common area to be owned by the body corporate, including any streets and open space. The reasons why the area should be commonly held. Lots participating in the body corporate. The proposed management arrangements including maintenance standards for streets and open spaces to be commonly held.
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56.05
01/10/2009 VC58
URBAN LANDSCAPE
56.05-1
09/10/2006 VC42
Integrated urban landscape objectives To provide attractive and continuous landscaping in streets and public open spaces that contribute to the character and identity of new neighbourhoods and urban places or to existing or preferred neighbourhood character in existing urban areas. To incorporate natural and cultural features in the design of streets and public open space where appropriate. To protect and enhance native habitat and discourage the planting and spread of noxious weeds. To provide for integrated water management systems and contribute to drinking water conservation. Standard C12 An application for subdivision that creates streets or public open space should be accompanied by a landscape design. The landscape design should: Implement any relevant streetscape, landscape, urban design or native vegetation precinct plan, strategy or policy for the area set out in this scheme. Create attractive landscapes that visually emphasise streets and public open spaces. Respond to the site and context description for the site and surrounding area. Maintain significant vegetation where possible within an urban context. Take account of the physical features of the land including landform, soil and climate. Protect and enhance any significant natural and cultural features. Protect and link areas of significant local habitat where appropriate. Support integrated water management systems with appropriate landscape design techniques for managing urban run-off including wetlands and other water sensitive urban design features in streets and public open space. Promote the use of drought tolerant and low maintenance plants and avoid species that are likely to spread into the surrounding environment. Ensure landscaping supports surveillance and provides shade in streets, parks and public open space. Develop appropriate landscapes for the intended use of public open space including areas for passive and active recreation, the exercising of pets, playgrounds and shaded areas. Provide for walking and cycling networks that link with community facilities. Provide appropriate pathways, signage, fencing, public lighting and street furniture. Create low maintenance, durable landscapes that are capable of a long life. The landscape design must include a maintenance plan that sets out maintenance responsibilities, requirements and costs.
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56.05-2
01/10/2009 VC58
Public open space provision objectives To provide a network of quality, well-distributed, multi-functional and cost-effective public open space that includes local parks, active open space, linear parks and trails, and links to regional open space. To provide a network of public open space that caters for a broad range of users. To encourage healthy and active communities. To provide adequate unencumbered land for public open space and integrate any encumbered land with the open space network. To ensure land provided for public open space can be managed in an environmentally sustainable way and contributes to the development of sustainable neighbourhoods. Standard C13 The provision of public open space should: Implement any relevant objective, policy, strategy or plan (including any growth area precinct structure plan) for open space set out in this scheme. Provide a network of well-distributed neighbourhood public open space that includes: Local parks within 400 metres safe walking distance of at least 95 percent of all dwellings. Where not designed to include active open space, local parks should be generally 1 hectare in area and suitably dimensioned and designed to provide for their intended use and to allow easy adaptation in response to changing community preferences. Additional small local parks or public squares in activity centres and higher density residential areas. Active open space of a least 8 hectares in area within 1 kilometre of 95 percent of all dwellings that is: Suitably dimensioned and designed to provide for the intended use, buffer areas around sporting fields and passive open space Sufficient to incorporate two football/cricket ovals Appropriate for the intended use in terms of quality and orientation Located on flat land (which can be cost effectively graded) Located with access to, or making provision for, a recycled or sustainable water supply Adjoin schools and other community facilities where practical Designed to achieve sharing of space between sports. Linear parks and trails along waterways, vegetation corridors and road reserves within 1 kilometre of 95 percent of all dwellings. Public open space should: Be provided along foreshores, streams and permanent water bodies. Be linked to existing or proposed future public open spaces where appropriate. Be integrated with floodways and encumbered land that is accessible for public recreation. Be suitable for the intended use.
Be of an area and dimensions to allow easy adaptation to different uses in response to changing community active and passive recreational preferences. Maximise passive surveillance. Be integrated with urban water management systems, waterways and other water bodies. Incorporate natural and cultural features where appropriate.
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56.06
21/09/2009 VC60
ACCESS AND MOBILITY MANAGEMENT
56.06-1
09/10/2006 VC42
Integrated mobility objectives To achieve an urban structure where compact and walkable neighbourhoods are clustered to support larger activity centres on the Principal Public Transport Network in Metropolitan Melbourne and on the regional public transport network outside Metropolitan Melbourne. To provide for walking (including persons with impaired mobility), cycling, public transport and other motor vehicles in an integrated manner. To contribute to reduced car dependence, improved energy efficiency, reduced greenhouse gas emissions and reduced air pollution. Standard C14 An application for a subdivision must include a plan of the layout of the neighbourhood that meets the objectives of:

Clause 56.06-2 Walking and cycling network. Clause 56.06-3 Public transport network. Clause 56.06-4 Neighbourhood street network.
56.06-2
09/10/2006 VC42
Walking and cycling network objectives To contribute to community health and well being by encouraging walking and cycling as part of the daily lives of residents, employees and visitors. To provide safe and direct movement through and between neighbourhoods by pedestrians and cyclists. To reduce car use, greenhouse gas emissions and air pollution. Standard C15 The walking and cycling network should be designed to:
Implement any relevant regional and local walking and cycling strategy, plan or policy for the area set out in this scheme. Link to any existing pedestrian and cycling networks. Provide safe walkable distances to activity centres, community facilities, public transport stops and public open spaces. Provide an interconnected and continuous network of safe, efficient and convenient footpaths, shared paths, cycle paths and cycle lanes based primarily on the network of arterial roads, neighbourhood streets and regional public open spaces. Provide direct cycling routes for regional journeys to major activity centres, community facilities, public transport and other regional activities and for regional recreational cycling. Ensure safe street and road crossings including the provision of traffic controls where required. Provide an appropriate level of priority for pedestrians and cyclists.
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Have natural surveillance along streets and from abutting dwellings and be designed for personal safety and security particularly at night. Be accessible to people with disabilities.
56.06-3
09/10/2006 VC42
Public transport network objectives To provide an arterial road and neighbourhood street network that supports a direct, efficient and safe public transport system. To encourage maximum use of public transport. Standard C16 The public transport network should be designed to:
Implement any relevant public transport strategy, plan or policy for the area set out in this scheme. Connect new public transport routes to existing and proposed routes to the satisfaction of the relevant public transport authority. Provide for public transport links between activity centres and other locations that attract people using the Principal Public Transport Network in Metropolitan Melbourne and the regional public transport network outside Metropolitan Melbourne. Locate regional bus routes principally on arterial roads and locate local bus services principally on connector streets to provide: Safe and direct movement between activity centres without complicated turning manoeuvres. Direct travel between neighbourhoods and neighbourhood activity centres. A short and safe walk to a public transport stop from most dwellings.
56.06-4
09/10/2006 VC42
Neighbourhood street network objective To provide for direct, safe and easy movement through and between neighbourhoods for pedestrians, cyclists, public transport and other motor vehicles using the neighbourhood street network. Standard C17 The neighbourhood street network must:
Take account of the existing mobility network of arterial roads, neighbourhood streets, cycle paths, cycle paths, footpaths and public transport routes. Provide clear physical distinctions between arterial roads and neighbourhood street types. Comply with the Roads Corporations arterial road access management policies. Provide an appropriate speed environment and movement priority for the safe and easy movement of pedestrians and cyclists and for accessing public transport. Provide safe and efficient access to activity centres for commercial and freight vehicles. Provide safe and efficient access to all lots for service and emergency vehicles. Provide safe movement for all vehicles.
PAGE 2 OF 10
Incorporate any necessary traffic control measures and traffic management infrastructure.
The neighbourhood street network should be designed to:
Implement any relevant transport strategy, plan or policy for the area set out in this scheme. Include arterial roads at intervals of approximately 1.6 kilometres that have adequate reservation widths to accommodate long term movement demand. Include connector streets approximately halfway between arterial roads and provide adequate reservation widths to accommodate long term movement demand. Ensure connector streets align between neighbourhoods for direct and efficient movement of pedestrians, cyclists, public transport and other motor vehicles. Provide an interconnected and continuous network of streets within and between neighbourhoods for use by pedestrians, cyclists, public transport and other vehicles. Provide an appropriate level of local traffic dispersal. Indicate the appropriate street type. Provide a speed environment that is appropriate to the street type. Provide a street environment that appropriately manages movement demand (volume, type and mix of pedestrians, cyclists, public transport and other motor vehicles). Encourage appropriate and safe pedestrian, cyclist and driver behaviour. Provide safe sharing of access lanes and access places by pedestrians, cyclists and vehicles. Minimise the provision of culs-de-sac. Provide for service and emergency vehicles to safely turn at the end of a dead-end street. Facilitate solar orientation of lots. Facilitate the provision of the walking and cycling network, integrated water management systems, utilities and planting of trees. Contribute to the areas character and identity. Take account of any identified significant features.
56.06-5
09/10/2006 VC42
Walking and cycling network detail objectives To design and construct footpaths, shared path and cycle path networks that are safe, comfortable, well constructed and accessible for people with disabilities. To design footpaths to accommodate wheelchairs, prams, scooters and other footpath bound vehicles. Standard C18 Footpaths, shared paths, cycle paths and cycle lanes should be designed to:

Be part of a comprehensive design of the road or street reservation. Be continuous and connect.
PAGE 3 OF 10
Provide for public transport stops, street crossings for pedestrians and cyclists and kerb crossovers for access to lots. Accommodate projected user volumes and mix. Meet the requirements of Table C1. Provide pavement edge, kerb, channel and crossover details that support safe travel for pedestrians, footpath bound vehicles and cyclists, perform required drainage functions and are structurally sound. Provide appropriate signage. Be constructed to allow access to lots without damage to the footpath or shared path surfaces. Be constructed with a durable, non-skid surface. Be of a quality and durability to ensure: Safe passage for pedestrians, cyclists, footpath bound vehicles and vehicles. Discharge of urban run-off. Preservation of all-weather access. Maintenance of a reasonable, comfortable riding quality. A minimum 20 year life span.
Be accessible to people with disabilities and include tactile ground surface indicators, audible signals and kerb ramps required for the movement of people with disabilities.
56.06-6
09/10/2006 VC42
Public transport network detail objectives To provide for the safe, efficient operation of public transport and the comfort and convenience of public transport users. To provide public transport stops that are accessible to people with disabilities. Standard C19 Bus priority measures must be provided along arterial roads forming part of the existing or proposed Principal Public Transport Network in Metropolitan Melbourne and the regional public transport network outside Metropolitan Melbourne to the requirements of the relevant roads authority. Road alignment and geometry along bus routes should provide for the efficient, unimpeded movement of buses and the safety and comfort of passengers. The design of public transport stops should not impede the movement of pedestrians. Bus and tram stops should have:

Surveillance from streets and adjacent lots. Safe street crossing conditions for pedestrians and cyclists. Safe pedestrian crossings on arterial roads and at schools including the provision of traffic controls as required by the roads authority. Continuous hard pavement from the footpath to the kerb. Sufficient lighting and paved, sheltered waiting areas for forecast user volume at neighbourhood centres, schools and other locations with expected high patronage. Appropriate signage.
PAGE 4 OF 10
Public transport stops and associated waiting areas should be accessible to people with disabilities and include tactile ground surface indicators, audible signals and kerb ramps required for the movement of people with physical disabilities. 56.06-7
15/09/2008 VC49
Neighbourhood street network detail objective To design and construct street carriageways and verges so that the street geometry and traffic speeds provide an accessible and safe neighbourhood street system for all users. Standard C20 The design of streets and roads should:
Meet the requirements of Table C1. Where the widths of access lanes, access places, and access streets do not comply with the requirements of Table C1, the requirements of the relevant fire authority and roads authority must be met. Provide street blocks that are generally between 120 metres and 240 metres in length and generally between 60 metres to 120 metres in width to facilitate pedestrian movement and control traffic speed. Have verges of sufficient width to accommodate footpaths, shared paths, cycle paths, integrated water management, street tree planting, lighting and utility needs. Have street geometry appropriate to the street type and function, the physical land characteristics and achieve a safe environment for all users. Provide a low-speed environment while allowing all road users to proceed without unreasonable inconvenience or delay. Provide a safe environment for all street users applying speed control measures where appropriate. Ensure intersection layouts clearly indicate the travel path and priority of movement for pedestrians, cyclists and vehicles. Provide a minimum 5 metre by 5 metre corner splay at junctions with arterial roads and a minimum 3 metre by 3 metre corner splay at other junctions unless site conditions justify a variation to achieve safe sight lines across corners. Ensure streets are of sufficient strength to: Enable the carriage of vehicles. Avoid damage by construction vehicles and equipment.
Ensure street pavements are of sufficient quality and durability for the: Safe passage of pedestrians, cyclists and vehicles. Discharge of urban run-off. Preservation of all-weather access and maintenance of a reasonable, comfortable riding quality.
Ensure carriageways of planned arterial roads are designed to the requirements of the relevant road authority. Ensure carriageways of neighbourhood streets are designed for a minimum 20 year life span. Provide pavement edges, kerbs, channel and crossover details designed to: Perform the required integrated water management functions.
PAGE 5 OF 10
Delineate the edge of the carriageway for all street users. Provide efficient and comfortable access to abutting lots at appropriate locations. Contribute to streetscape design.
Provide for the safe and efficient collection of waste and recycling materials from lots. Be accessible to people with disabilities. Meet the requirements of Table C1. Where the widths of access lanes, access places, and access streets do not comply with the requirements of Table C1, the requirements of the relevant fire authority and roads authority must be met. Where the widths of connector streets do not comply with the requirements of Table C1, the requirements of the relevant public transport authority must be met.
A street detail plan should be prepared that shows, as appropriate:

The street hierarchy and typical cross-sections for all street types. Location of carriageway pavement, parking, bus stops, kerbs, crossovers, footpaths, tactile surface indicators, cycle paths and speed control and traffic management devices. Water sensitive urban design features. Location and species of proposed street trees and other vegetation. Location of existing vegetation to be retained and proposed treatment to ensure its health. Any relevant details for the design and location of street furniture, lighting, seats, bus stops, telephone boxes and mailboxes.
56.06-8
21/09/2009 VC60
Lot access objective To provide for safe vehicle access between roads and lots. Standard C21 Vehicle access to lots abutting arterial roads should be provided from service roads, side or rear access lanes, access places or access streets where appropriate and in accordance with the access management requirements of the relevant roads authority. Vehicle access to lots of 300 square metres or less in area and lots with a frontage of 7.5 metres or less should be provided via rear or side access lanes, places or streets. The design and construction of a crossover should meet the requirements of the relevant road authority. Table C1 Design of roads and neighbourhood streets Access Lane A side or rear lane principally providing access to parking on lots with another street frontage.
Traffic volume Target speed
2 3 1
300vpd 10kph
6
Carriageway width 5.5m wide with no parking spaces to be provided. & parking provision Appropriately signed. within street reservation
PAGE 6 OF 10
Verge width Kerbing

5
No verge required.
Footpath provision
None Carriageway designed as a shared zone and appropriately signed.
Cycle path provision
None
Access Place A minor street providing local residential access with shared traffic, pedestrian and recreation use, but with pedestrian priority.
2 3 1
300vpd to1000vpd 15kph
Carriageway width 5.5m wide with 1 hard standing verge parking space per 2 lots. & parking provision or within street reservation 5.5m wide with parking on carriageway - one side. Appropriately signed.
Verge width
7.5m minimum total width. For services provide a minimum of 3.5m on one side and a minimum of 2.5m on the other.
Kerbing
Semi-mountable rollover or flush and swale or other water sensitive urban design treatment area. Not required if serving 5 dwellings or less and the carriageway is designed as a shared zone and appropriately signed. or 1.5m wide footpath offset a minimum distance of 1m from the kerb.
Footpath provision
None
Access Street - Level 1 A street providing local residential access where traffic is subservient, speed and volume are low and pedestrian and bicycle movements are facilitated.
2 3 1
1000vpd to 2000vpd 30kph
Carriageway width 5.5m wide with1 hard standing verge parking space per 2 lots. & parking provision within street reservation Verge width Kerbing
5 4
4m minimum each side Semi-mountable rollover or flush and swale or other water sensitive urban design treatment area.
PAGE 7 OF 10
Footpath provision
1.5m wide footpaths on both sides. Footpaths should be widened to 2.0m in vicinity of a school, shop or other activity centre. Be offset a minimum distance of 1m from the kerb.
Carriageway designed as a shared zone and appropriately signed.
Access Street - Level 2 A street providing local residential access where traffic is subservient, speed and volume are low and pedestrian and bicycle movements are facilitated.
2 3 1
2000vpd to 3000vpd 40kph
Carriageway width 7m-7.5m wide with parking on both sides of carriageway & parking provision within street reservation Verge width Kerbing
5 4
4.5m minimum each side Semi-mountable rollover or flush and swale or other water sensitive urban design treatment area. 1.5m wide footpaths on both sides. Footpaths should be widened to 2.0m in vicinity of a school, shop or other activity centre. Be offset a minimum distance of 1m from the kerb.
Footpath provision
Carriageway designed as a shared zone and appropriately signed.
Connector Street - Level 1 A street that carries higher volumes of traffic. It connects access places and access streets through and between neighbourhoods.
2 1
3000 vpd 50 kph reduced to 40 kph at schools and 20 kph at pedestrian and cycle crossing points.
3
7
Carriageway width , parking provision and bus stops within street reservation
3.5m minimum lane width in each direction of travel. 4.0m minimum lane width at approaches to and departures from roundabouts and T-intersections. For on-street cycling, increase the minimum clear carriageway in each direction by:
0.7m where the trafficable carriageway is shared by cyclists but no dedicated bicycle lane is marked on the carriageway; or 1.5m where a trafficable carriageway is shared by cyclists but no dedicated bicycle lane is marked on the carriageway and there is a single lane in each direction separated by a raised trafficable median of at least 2.0m in width with mountable kerbs; or
PAGE 8 OF 10
1.7m where a dedicated 1.7m wide bicycle lane is marked on the carriageway.
An additional dedicated parking lane or indented parking within the verge must be provided where street parking is required. A parking lane width of 2.3m is required where parallel parking is provided. Bus stops at the kerbside, not indented within the verge.
Verge width Kerbing

5 4
4.5m minimum each side. Semi-mountable rollover or flush and swale or other water sensitive urban design treatment area. 1.5m wide footpaths on both sides. Footpath widened to a minimum 2.0m in the vicinity of a school, shop or other activity centre. Footpaths offset a minimum distance of 1m from the kerb.
Footpath provision
Connector Street - Level 2 A street that carries higher volumes of traffic. It connects access places and access streets through and between neighbourhoods.
2 3 1
3,000 vpd to 7,000 vpd 60 kph or 50km/h reduced to 40kph at schools. 3.5m minimum lane width in each direction of travel. 4.0m minimum lane width at approaches to and departures from roundabouts and T-intersections. 7.0m minimum carriageway width in each direction of travel where there are two lanes in each direction separated by a non-trafficable central medium. 8.0m minimum carriageway width at approaches to and departures from roundabouts and T-intersections where there are two lanes in each direction separated by an nontrafficable central medium. For on-street cycling, increase the minimum clear carriageway in each direction by:
8
Carriageway width , parking provision and bus stops within street reservation
0.7m where the trafficable carriageway is shared by cyclists but no dedicated bicycle lane is marked on the carriageway; or 1.7m where a dedicated 1.7m wide dedicated bicycle lane is marked on the carriageway 0.3m where there are two trafficable lanes in each direction separated by a non-trafficable central median and the carriageways are shared by cyclists but no dedicated bicycle lane is marked on the carriageway; or 0.5m where there are two trafficable lanes in each direction separated by a non-trafficable central median and a 1.7m wide dedicated bicycle lane is marked on the carriageway.
An additional dedicated parking lane or indented parking within the verge must be provided where street parking is
PAGE 9 OF 10
required. A parking lane width of 2.3m is required where parallel parking is provided.
4
Bus stops located at the kerbside, not indented within the verge. 6m minimum each side (plus central median). Semi-mountable rollover or flush and swale or other water sensitive urban design treatment area. 1.5m wide footpath on each side and 1.7m bicycle lanes on the carriageway; or 2.5m wide shared foot and cycle path on both sides and no dedicate bicycle lanes marked on the carriageway. Footpaths widened to a minimum of 2.0m in the vicinity of a school, shop or other activity centre. Footpaths or shared foot and cycle paths offset a minimum distance of 1m from the kerb.
Verge width Kerbing

5
Footpath and cycle path provision
Arterial Road
2 3 1
Greater than 7000vpd Arterial road design as required by the relevant roads authority.
Carriageway width Arterial road design as required by the relevant roads authority. & parking provision within street reservation Verge width Kerbing
5 4
Arterial road design as required by the relevant roads authority. Arterial road design as required by the relevant roads authority. 2.5m wide shared path on each side or as otherwise required by the relevant roads authority.
Footpath & cycle path provision
Key to Table C1 1. 2. 3. Indicative maximum traffic volume for 24-hour period. These volumes depend upon location. Generation rates may vary between existing and newly developing areas. Target speed is the desired speed at which motorists should travel. This is not necessarily the design speed and is not greater than the marked legal speed limit. Width is measured from kerb invert to kerb invert. Widening may be required at bends to allow for wider vehicle paths using appropriate Australian Standards for on street and off-street parking but should not negate the function of bends serving as slow points. Verge width includes footpaths. Additional width may be required to accommodate a bicycle path. Where drainage is not required a flush pavement edge treatment can be used. Layback kerbs are preferred for safety reasons. Upright kerbs may be considered for drainage purposes or in locations where on-street parking should be clearly defined and parking within the verge is not desired. Turning requirements to access and egress parking on abutting lots may require additional carriageway width. The recommended carriageway width of 5.5m will provide adequate access to a standard 3.5m wide single garage built to the property line. 50kph is the default urban speed limit in Victoria. Target speed must not exceed the legal speed limit.
4. 5.
6.
7. 8.
PAGE 10 OF 10
56.07
09/10/2006 VC42
INTEGRATED WATER MANAGEMENT
56.07-1
09/10/2006 VC42
Drinking water supply objectives To reduce the use of drinking water. To provide an adequate, cost-effective supply of drinking water. Standard C22 The supply of drinking water must be: Designed and constructed in accordance with the requirements and to the satisfaction of the relevant water authority. Provided to the boundary of all lots in the subdivision to the satisfaction of the relevant water authority.
56.07-2
09/10/2006 VC42
Reused and recycled water objective To provide for the substitution of drinking water for non-drinking purposes with reused and recycled water. Standard C23 Reused and recycled water supply systems must be: Designed, constructed and managed in accordance with the requirements and to the satisfaction of the relevant water authority, Environment Protection Authority and Department of Human Services. Provided to the boundary of all lots in the subdivision where required by the relevant water authority.
56.07-3
09/10/2006 VC42
Waste water management objective To provide a waste water system that is adequate for the maintenance of public health and the management of effluent in an environmentally friendly manner. Standard C24 Waste water systems must be: Designed, constructed and managed in accordance with the requirements and to the satisfaction of the relevant water authority and the Environment Protection Authority. Consistent with any relevant approved domestic waste water management plan. Reticulated waste water systems must be provided to the boundary of all lots in the subdivision where required by the relevant water authority.
PAGE 1 OF 3
56.07-4
09/10/2006 VC42
Urban run-off management objectives To minimise damage to properties and inconvenience to residents from urban run-off. To ensure that the street operates adequately during major storm events and provides for public safety. To minimise increases in stormwater run-off and protect the environmental values and physical characteristics of receiving waters from degradation by urban run-off. Standard C25 The urban stormwater management system must be: Designed and managed in accordance with the requirements and to the satisfaction of the relevant drainage authority. Designed and managed in accordance with the requirements and to the satisfaction of the water authority where reuse of urban run-off is proposed. Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended. Designed to ensure that flows downstream of the subdivision site are restricted to predevelopment levels unless increased flows are approved by the relevant drainage authority and there are no detrimental downstream impacts. The stormwater management system should be integrated with the overall development plan including the street and public open space networks and landscape design. For all storm events up to and including the 20% Average Exceedence Probability (AEP) standard: Stormwater flows should be contained within the drainage system to the requirements of the relevant authority. Ponding on roads should not occur for longer than 1 hour after the cessation of rainfall. For storm events greater than 20% AEP and up to and including 1% AEP standard: Provision must be made for the safe and effective passage of stormwater flows. All new lots should be free from inundation or to a lesser standard of flood protection where agreed by the relevant floodplain management authority. Ensure that streets, footpaths and cycle paths that are subject to flooding meet the safety criteria da Vave < 0.35 m2/s (where, da = average depth in metres and Vave = average velocity in metres per second). The design of the local drainage network should: Ensure run-off is retarded to a standard required by the responsible drainage authority. Ensure every lot is provided with drainage to a standard acceptable to the relevant drainage authority. Wherever possible, run-off should be directed to the front of the lot and discharged into the street drainage system or legal point of discharge. Ensure that inlet and outlet structures take into account the effects of obstructions and debris build up. Any surcharge drainage pit should discharge into an overland flow in a safe and predetermined manner.
PAGE 2 OF 3
Include water sensitive urban design features to manage run-off in streets and public open space. Where such features are provided, an application must describe maintenance responsibilities, requirements and costs. Any flood mitigation works must be designed and constructed in accordance with the requirements of the relevant floodplain management authority.
PAGE 3 OF 3
56.08
09/10/2006 VC42
SITE MANAGEMENT
56.08-1
09/10/2006 VC42
Site management objectives To protect drainage infrastructure and receiving waters from sedimentation and contamination. To protect the site and surrounding area from environmental degradation or nuisance prior to and during construction of subdivision works. To encourage the re-use of materials from the site and recycled materials in the construction of subdivisions where practicable. Standard C26 A subdivision application must describe how the site will be managed prior to and during the construction period and may set out requirements for managing: Erosion and sediment. Dust. Run-off. Litter, concrete and other construction wastes. Chemical contamination. Vegetation and natural features planned for retention. Recycled material should be used for the construction of streets, shared paths and other infrastructure where practicable.
PAGE 1 OF 1
56.09
15/09/2008 VC49
UTILITIES
55.09-1
09/10/2006 VC42
Shared trenching objectives To maximise the opportunities for shared trenching. To minimise constraints on landscaping within street reserves. Standard C27 Reticulated services for water, gas, electricity and telecommunications should be provided in shared trenching to minimise construction costs and land allocation for underground services.
56.09-2
09/10/2006 VC42
Electricity, telecommunications and gas objectives To provide public utilities to each lot in a timely, efficient and cost effective manner. To reduce greenhouse gas emissions by supporting generation and use of electricity from renewable sources. Standard C28 The electricity supply system must be designed in accordance with the requirements of the relevant electricity supply agency and be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant electricity authority. Arrangements that support the generation or use of renewable energy at a lot or neighbourhood level are encouraged. The telecommunication system must be designed in accordance with the requirements of the relevant telecommunications servicing agency and should be consistent with any approved strategy, policy or plan for the provision of advanced telecommunications infrastructure, including fibre optic technology. The telecommunications system must be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant telecommunications servicing authority. Where available, the reticulated gas supply system must be designed in accordance with the requirements of the relevant gas supply agency and be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant gas supply agency.
56.09-3
15/09/2008 VC49
Fire hydrants objective To provide fire hydrants and fire plugs in positions that enable fire fighters to access water safely, effectively and efficiently. Standard C29 Fire hydrants should be provided:

A maximum distance of 120 metres from the rear of the each lot. No more than 200 metres apart.
Hydrants and fire plugs must be compatible with the relevant fire service equipment. Where the provision of fire hydrants and fire plugs does not comply with the requirements of standard C29, fire hydrants must be provided to the satisfaction of the relevant fire authority.
09/10/2006 56.09-4 VC42
Public lighting objective To provide public lighting to ensure the safety of pedestrians, cyclists and vehicles. To provide pedestrians with a sense of personal safety at night. To contribute to reducing greenhouse gas emissions and to saving energy. Standard C30 Public lighting should be provided to streets, footpaths, public telephones, public transport stops and to major pedestrian and cycle paths including public open spaces that are likely to be well used at night to assist in providing safe passage for pedestrians, cyclists and vehicles. Public lighting should be designed in accordance with the relevant Australian Standards. Public lighting should be consistent with any strategy, policy or plan for the use of renewable energy and energy efficient fittings.
PAGE 2 OF 2
56.10
09/10/2006 VC42
TRANSITIONAL ARRANGEMENTS Purpose To provide transitional arrangements to permit applications made to the responsible authority before 9 October 2006. Transitional arrangements for all planning schemes The requirements of Clause 56 of the planning scheme as in force immediately before 9 October 2006 continue to apply to a permit application made before that date to the extent that, but for this clause, Clause 56 would apply to such an application. Expiry This clause does not apply after 9 October 2007.
PAGE 1 OF 1
57
17/09/2007 VC45
METROPOLITAN GREEN WEDGE LAND Purpose To protect metropolitan green wedge land from uses and development that would diminish its agricultural, environmental, cultural heritage, conservation, landscape natural resource or recreation values. To protect productive agricultural land from incompatible uses and development. To ensure that the scale of use is compatible with the non-urban character of metropolitan green wedge land. To encourage the location of urban activities in urban areas. To provide transitional arrangements for permit applications made to the responsible authority before 19 May 2004. To provide deeming provisions for metropolitan green wedge land.
57.01
19/01/2006 VC37
CORE PLANNING PROVISIONS Application These provisions apply to land outside an Urban Growth Boundary as shown on a planning scheme map in this scheme unless any of the following apply: The land is in a Residential 1 Zone, Residential 2 Zone, Low Density Residential Zone, Mixed Use Zone, Township Zone, Industrial 1 Zone, Industrial 2 Zone, Industrial 3 Zone, Business 1 Zone, Business 2 Zone, Business 3 Zone, Business 4 Zone, Business 5 Zone, Public Use Zone, Public Park and Recreation Zone, Road Zone or Urban Floodway Zone. The land is identified in the schedule to this clause.
57.01-1
19/01/2006 VC37
Use of land A use listed in the table to this clause is prohibited. This does not apply if a condition opposite the use is met. Table to Clause 57.01-1
USE Accommodation (other than Camping and caravan park, Corrective institution, Dependent persons unit, Dwelling, Group accommodation, Host farm, and Residential building) Brothel Child care centre Cinema based entertainment facility Display home Dwelling Must be the only dwelling on the lot. This does not apply to the replacement of an existing dwelling if the existing dwelling is removed or altered (so it can no longer be used as a dwelling) within one month of the occupation of the replacement dwelling. CONDITION
Education centre
PARTICULAR PROVISIONS CLAUSE 57
PAGE 1 OF 4
USE Freezing and cool storage
CONDITION The goods stored must be agricultural produce, or products used in agriculture. Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. No more than 150 patrons may be present at any time. If used in conjunction with Restaurant, the total number of patrons present at any time must not exceed 150.
Function centre
Funeral parlour Group accommodation Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. Must be no more than 40 dwellings. Hospital Indoor recreation facility Must be for equestrian recreation, or sport. based leisure,
Industry (other than Materials recycling, Refuse disposal, Refuse transfer station, Research and development centre, and Rural industry) Major sports and recreation facility Must be for outdoor leisure, recreation, or sport. Must be an incidental part of Rural industry. Must be used in conjunction with Refuse disposal or Refuse transfer station.
Manufacturing sales Materials recycling
Office Place of assembly (other than Carnival, Circus, Exhibition centre, Function centre, Hall, Place of worship, and Restricted place of assembly) Research and development centre Must be used in conjunction with Agriculture, Natural systems, Rural industry, or Winery. Must be used in conjunction with Agriculture, Natural systems, Rural industry, or Winery. Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. Must be used to provide accommodation for persons away from their normal place of residence. Residential hotel Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. Must be no more than 80 bedrooms.
Research centre
Residential building (other than Residential hotel)
PAGE 2 OF 4
USE Restaurant
CONDITION Must be used in conjunction with Agriculture, Outdoor recreation facility, Rural industry, or Winery. No more than 150 patrons may be present at any time. If used in conjunction with Function centre, the total number of patrons present at any time must not exceed 150.
Must not be used for more than 30 days in a calendar year.
Retail premises (other than Manufacturing sales, Market, Plant nursery, Primary produce sales, and Restaurant) Service station Warehouse (other than Freezing and cool storage, Milk depot, Rural store, Solid fuel depot, and Vehicle store) Wind energy facility Must not be on land in a Rural Conservation Zone.
57.01-2
19/01/2006 VC37
Subdivision The subdivision of land to create a lot that is smaller in area than the minimum area specified for the land in the zone is prohibited unless: The subdivision is the re-subdivision of existing lots, the number of lots is not increased, and the number of dwellings that the land could be used for does not increase. An agreement under Section 173 of the Act must be entered into with the owner of each lot created which ensures that the land may not be further subdivided so as to increase the number of lots. The agreement must be registered on title. The requirement to enter into an agreement only applies to a lot which could be further subdivided in accordance with this scheme. The subdivision is by a public authority or utility service provider to create a lot for a utility installation.
57.01-3
19/01/2006 VC37
Existing uses If an existing use right is established by these provisions, Clauses 63.05 and 63.08 apply to the use as if the use were in Section 3 of a zone. TRANSITIONAL ARRANGEMENTS FOR PERMIT APPLICATIONS The requirements of the planning scheme as in force immediately before 19 May 2004, continue to apply to a permit application made before that date to the extent that, but for this clause, Clauses 35.04, 35.05, 35.06 or 57.01 would apply to such an application. This does not apply to a permit application to subdivide land. DEEMING PROVISIONS FOR LAND OUTSIDE AN URBAN GROWTH BOUNDARY Any reference in this planning scheme to a Rural Zone or a schedule to a Rural Zone as it applies to land outside an Urban Growth Boundary is deemed to be a reference to a Green Wedge Zone or a schedule to a Green Wedge Zone.
57.02
19/01/2006 VC37
57.03
19/01/2006 VC37
PAGE 3 OF 4
Any reference in this planning scheme to a Rural Living Zone or a schedule to a Rural Living Zone as it applies to land outside an Urban Growth Boundary is deemed to be a reference to a Green Wedge A Zone or a schedule to a Green Wedge A Zone. Any reference in this planning scheme to an Environmental Rural Zone or a schedule to an Environmental Rural Zone as it applies to land outside an Urban Growth Boundary is deemed to be a reference to a Rural Conservation Zone or a schedule to a Rural Conservation Zone.
PAGE 4 OF 4
30/08/2006 VC40
SCHEDULE TO CLAUSE 57.01 Land

Special Use Zone 1, north west of Liverpool Road, Boronia Special Use Zone 1, north of Mountain Highway and Basin Olinda Road, west side of Sheffield Road, The Basin
PARTICULAR PROVISIONS - CLAUSE 57 - SCHEDULE
PAGE 1 OF 1
General Provisions
60
19/01/2006 VC37
GENERAL PROVISIONS This section sets out provisions about the administration of this scheme, existing uses, decision guidelines, referral of applications and other matters.
GENERAL PROVISIONS - CLAUSE 60
PAGE 1 OF 1
61
19/01/2006 VC37
ADMINISTRATION OF THIS SCHEME
PAGE 1 OF 1
61.01
19/01/2006 VC37
Administration and enforcement of this scheme The responsible authority for the administration and enforcement of this scheme is specified in the schedule to this clause. The person nominated under Section 198(1)(a) of the Act or the responsible authority under Section 198 (1)(b) of the Act, to whom a person may apply for a planning certificate, is specified in the schedule to this clause.
GENERAL PROVISIONS - CLAUSE 61.01
PAGE 1 OF 1
21/09/2009 VC60
SCHEDULE TO CLAUSE 61.01 Responsible authority for administering and enforcing this scheme The Minister for Planning is the responsible authority for considering and determining applications, in accordance with Divisions 1, 1A, 2, and 3 of Part 4 of the Planning and Environment Act 1987 and for approving matters required by the scheme to be done to the satisfaction of the responsible authority in relation to:

The use and development of land for the purpose of a Wind energy facility with a capacity of 30 megawatts or greater. The use and development of land for accommodation to which clause 52.41 of the scheme applies.
The Minister for Planning is the responsible authority for approving matters required to be done to the satisfaction of the responsible authority under clause 52.40 of the Scheme. The Knox City Council is the responsible authority for administering and enforcing the scheme for all other matters. Person or responsible authority for issuing planning certificates Minister for Planning
GENERAL PROVISIONS - CLAUSES 61.01 SCHEDULE
PAGE 1 OF 1
61.02
19/01/2006 VC37
What area is covered by this scheme? This planning scheme applies to the municipal district or other area specified in the schedule to this clause.
PAGE 1 OF 1
19/01/2006 VC37
Area covered by this scheme The municipal district of the City of Knox
GENERAL PROVISIONS - CLAUSE 61.02 - SCHEDULE
PAGE 1 OF 1
61.03
17/09/2007 VC45
What does this scheme consist of? This scheme consists of this document, any maps specified in the schedule to this clause, and any document incorporated in the scheme in accordance with the Act. A document is not incorporated in this scheme by reason only that it is referred to in the scheme. This document consists of State standard provisions and local provisions. Local provisions are identified by the inclusion of the name of the planning scheme in the page header. All other provisions are State standard provisions.
PAGE 1 OF 1
05/02/2009 C45
Maps comprising part of this scheme Zoning and overlay maps: 1, 1HO, 1LSIO, 1PAO, 1SBO, 1VPO1, 1VPO2 2, 2DDO, 2DPO, 2HO, 2LSIO, 2PAO, 2SBO, 2VPO1, 2VPO2, 2VPO3 3, 3DDO, 3HO, 3IPO, 3PAO, 3SBO, 3FO, 3RXO, 3SLO, 3VPO1, 3VPO2, 3VPO3 4, 4DDO, 4FO, 4RXO, 4SLO, 4VPO1 5, 5DPO, 5EAO, 5HO, 5LSIO, 5PAO, 5SBO, 5VPO1, 5VPO2 6, 6DDO, 6DPO, 6EAO, 6HO, 6LSIO, 6PAO, 6SBO, 6SLO, 6VPO3 6VPO1, 6VPO2,
7, 7DDO, 7DPO, 7HO, 7LSIO, 7PAO, 7SBO, 7FO, 7RO, 7RXO, 7SLO, 7VPO1, 7VPO2, 7VPO3 8, 8HO, 8LSIO, 8PAO, 8VPO1, 8VPO3 9, 9DDO, 9DPO, 9EAO, 9ESO, 9HO, 9LSIO, 9PAO, 9SBO, 9SLO, 9VPO1, 9VPO2 10, 10DDO, 10DPO, 10HO, 10PAO, 10SLO, 10VPO1
PAGE 1 OF 1
61.04
19/01/2006 VC37
When did this scheme begin? This scheme began on the date specified in the schedule to this clause.
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19/01/2006 VC37
Date this scheme began 18 November 1999
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61.05
19/01/2006 VC37
Effect of this scheme Land may be used or developed only in accordance with this scheme. Land must not be developed unless the land as developed can be used in accordance with this scheme. If this scheme allows a particular use of land, it may be developed for that use provided all requirements of the scheme are met.
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61.06
19/01/2006 VC37
Determination of boundaries If a boundary in this scheme is not precisely shown on a planning scheme map or is not otherwise defined, the certificate issuing authority must determine the boundary if asked to do so and must notify the applicant within 60 days.
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62
21/09/2009 VC60
USES, BUILDINGS, WORKS, SUBDIVISIONS AND DEMOLITION NOT REQUIRING A PERMIT
62.01
15/09/2008 VC49
Uses not requiring a permit Any requirement in this scheme relating to the use of land does not apply to:

62.02
21/09/2009 VC60
The use of land in a road if the use is associated with the use of adjoining land and is authorised by the Council under a local law. The use of land in a road to trade from a stall, stand, motor vehicle, trailer, barrow or other similar device if the use is authorised by the Council under a local law. The use of land for wind measurement by an anemometer for 3 years or less. The use of land for Geothermal energy exploration carried out in accordance with the Geothermal Energy Resources Act 2005. The use of land associated with geothermal extraction if the conditions of Clause 52.08-4 are met. The use of land for temporary portable land sales office located on the land for sale.
Buildings and works Clauses 62.02-1 and 62.02-2 set out exemptions from permit requirements in this scheme relating to the construction of a building or the construction or carrying out of works. These exemptions do not apply to the removal, destruction or lopping of trees and the removal of vegetation. Exemptions for vegetation removal are set out in Clause 62.02-3.
62.02-1
23/02/2009 VC53
Buildings and works not requiring a permit Any requirement in this scheme relating to the construction of a building or the construction or carrying out of works does not apply to:
Buildings or works which provide for fire protection under relevant legislation. Emergency works undertaken by, or on behalf of, a municipality, public authority or utility service provider in the exercise of any power conferred on them under any Act. Buildings or works with an estimated cost of $1,000,000 or less carried out by or on behalf of a municipality. Maintenance works carried out by a municipality or public authority to prevent or alleviate flood damage. An anemometer located on a site for 3 years or less. Buildings and works associated with a use on adjoining land or street trading if authorised under a local law. Gardening. Buildings and works associated with a minor utility installation. Buildings or works which are a modification necessary to comply with a direction under the Dangerous Goods Act 1985 or the Occupational Health and Safety Act 2004 or a Waste Discharge Licence, Works Approval or Pollution Abatement Notice under the Environment Protection Act 1970.
PAGE 1 OF 4
Buildings and works associated with a telecommunications facility if the requirements of Clause 52.19 are met. Buildings and works associated with a dam if a licence is required to construct the dam or to take and use water from the dam under the Water Act 1989. Buildings and works associated with a carnival or circus if the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October 1997 are met. A temporary portable classroom associated with an education centre located on a site for 3 years or less. A temporary shed or temporary structure for construction purposes, or a temporary portable land sales office located on the land for sale. A childrens cubbyhouse. External lighting normal to a dwelling. The construction, alteration, removal or demolition of an observational bore where a licence has been issued for those works under Part 5 of the Water Act 1989. Buildings and works associated with geothermal energy exploration carried out in accordance with the Geothermal Energy Resources Act 2005.
62.02-2
21/09/2009 VC60
Buildings and works not requiring a permit unless specifically required by the planning scheme Any requirement in this scheme relating to the construction of a building or the construction or carrying out of works does not apply to:
A fence. A sign. Roadworks. Street furniture including post boxes, telephone booths, fire hydrants, bus shelters, shade sails, traffic control devices and public toilets. Park furniture including seating, tables, shelters, rubbish bins, playground equipment, barbeques, shade sails, drinking fountains and public toilets. Furniture and works normally associated with an education centre including, but not limited to, outdoor furniture, playground equipment, art works, drinking fountains, rubbish bins and landscaping. Disability access and disability facilities associated with an education centre (not including a lift external to a building). Art work that is carried out by or on behalf of a public land manager. Oil pipelines. Buildings and works associated with a dependent persons unit. Buildings and works associated with mineral exploration. Buildings and works associated with mining if the conditions of Clause 52.08-2 are met. Buildings and works associated with search for stone. This does not apply to costeaning and bulk sampling. The internal rearrangement of a building or works provided the gross floor area of the building, or the size of the works, is not increased and the number of dwellings is not increased.
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Repairs and routine maintenance to an existing building or works. Domestic services normal to a dwelling. A rainwater tank with a capacity of not more than 4500 litres. Bicycle pathways and trails. A television antenna. A flagpole. A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot. An open-sided pergola or verandah to a dwelling with a finished floor level not more than 800 mm above ground level and a maximum building height of 3 metres above ground level. A deck to a dwelling with a finished floor level not more than 800 mm above ground level. A disabled access ramp. Any works necessary to prevent soil erosion, or to ensure soil conservation or reclamation. Buildings and works associated with geothermal extraction if the conditions of Clause 52.08-4 are met. A solar energy facility attached to a building that primarily services the land on which it is situated. Buildings and works associated with cat cages and runs, bird cages, dog houses, and other domestic animal enclosures associated with the use of the land as a dwelling.
This does not apply if a permit is specifically required for any of these matters. 62.02-3
30/08/2006 VC40
Vegetation removal Any requirement in this scheme relating to the construction or carrying out of works does not apply to the removal, destruction or lopping of trees and the removal of vegetation. This does not apply if a permit is specifically required to remove, destroy or lop trees or to remove vegetation.
62.03
19/01/2006 VC37
Events on public land Any requirement in this scheme relating to the use of land or the construction of a building or the construction or carrying out of works does not apply to:
an event on public land; or temporary buildings or works required for the event;
where that event has been authorised by the public land manager or by the council under a local law. An event includes land used to provide temporary cultural or community activities and entertainment such as a concert, festival or exhibition. This does not apply to public land where a local provision of this scheme specifically regulates an event for a particular site.
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62.04
19/01/2006 VC37
Subdivisions not requiring a permit Any requirement in this scheme relating to the subdivision of land does not apply to:
A subdivision by an authority acquiring the land which does not create an additional lot. A subdivision by a public authority or utility service provider which does not create an additional lot other than for the sole purpose of a minor utility installation. This does not apply if a permit is required to subdivide land under any overlay. A subdivision by an authority acquiring the land which creates additional lots if the additional lots are severed parcels of land without legal access to an existing road and the additional lots are retained by the acquiring authority or sold to an abutting land owner on the condition that the lot be consolidated with abutting land. A subdivision which realigns the common boundary between two lots if all the land is in one urban zone and any of the following apply:
Any lot that is reduced in area meets the minimum lot area and minimum dimensions (if any) specified for the zone. This does not apply if the area of the smaller lot is limited by a provision of this scheme, or by a condition of a planning permit. There is no minimum lot area specified for the zone, the area of the smaller lot is more than 230 square metres, and the area of either lot is reduced by less than 30 square metres. There is no minimum lot area specified for the zone, the area of the smaller lot is 230 square metres or less, and the area of either lot is reduced by less than 5 percent or by less than 30 square metres, which ever is lesser. The new boundary coincides with a boundary fence that is more than five years old. This does not apply if all the land is in one ownership. A subdivision which realigns the common boundary between two lots if all the land is in one non-urban zone, the re-subdivision does not allow the number of dwellings the whole of the land could be used for under this scheme to increase, and any of the following apply:
Any lot that is reduced in area meets the minimum lot area and minimum dimensions (if any) specified for the zone. This does not apply if the area of the smaller lot is limited by a provision of this scheme, or by a condition of a planning permit. There is no minimum lot area specified for the zone, and no part of the boundary is moved more than 1 metre. This does not apply if the area of the smaller lot would be less than the area specified by a condition of a planning permit. There is no minimum lot area specified for the zone, the new boundary coincides with the location of a fence that is more than 5 years old, and no part of the boundary is moved more than 3 metres.
62.05
19/01/2006 VC37
Demolition A permit is not required for the demolition or removal of a building or works unless a permit is specifically required for demolition or removal.
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63
19/01/2006 VC37
EXISTING USES
63.01
19/01/2006 VC37
Extent of existing use rights An existing use right is established in relation to use of land under this scheme if any of the following apply: The use was lawfully carried out immediately before the approval date. A permit for the use had been granted immediately before the approval date and the use commences before the permit expires. A permit for the use has been granted under Clause 63.08 and the use commences before the permit expires. Proof of continuous use for 15 years is established under Clause 63.11. The use is a lawful continuation by a utility service provider or other private body of a use previously carried on by a Minister, government department or public authority, even where the continuation of the use is no longer for a public purpose.
63.02
19/01/2006 VC37
Characterisation of use If a use of land is being characterised to assess the extent of any existing use right, the use is to be characterised by the purpose of the actual use at the relevant date, subject to any conditions or restrictions applying to the use at that date, and not by the classification in the table to Clause 74 or in Section 1, 2 or 3 of any zone. Effect of definitions on existing use rights The definition of a term in this scheme, or the amendment of any definition, does not increase or restrict the extent of any existing use right established prior to the inclusion of the definition or amendment. Section 1 uses A use in Section 1 of a zone for which an existing use right is established may continue provided any condition or restriction to which the use was subject and which applies to the use in Section 1 of the zone continues to be met. Sections 2 and 3 uses A use in Section 2 or 3 of a zone for which an existing use right is established may continue provided: No building or works are constructed or carried out without a permit. A permit must not be granted unless the building or works complies with any other building or works requirement in this scheme. Any condition or restriction to which the use was subject continues to be met. This includes any implied restriction on the extent of the land subject to the existing use right or the extent of activities within the use. The amenity of the area is not damaged or further damaged by a change in the activities beyond the limited purpose of the use preserved by the existing use right.
63.03
19/01/2006 VC37
63.04
19/01/2006 VC37
63.05
19/01/2006 VC37
PAGE 1 OF 3
63.06
19/01/2006 VC37
Expiration of existing use rights An existing use right expires if either: The use has stopped for a continuous period of 2 years, or has stopped for two or more periods which together total 2 years in any period of 3 years. In the case of a use which is seasonal in nature, the use does not take place for 2 years in succession.
63.07
19/01/2006 VC37
Compliance with codes of practice A use for which an existing use right is established must comply with any relevant code of practice incorporated in this scheme if either: The instrument of approval of the code of practice has been ratified by Parliament in accordance with Section 55 of the Conservation Forests and Lands Act 1987. The code of practice is approved or ratified by Parliament under an Act.
63.08
19/01/2006 VC37
Alternative use If land is used for a use in Section 3 of a zone for which an existing use right is established, a permit may be granted to use the land for an alternative use which does not comply with this scheme. The responsible authority must be satisfied that the use of the land for the alternative use will be less detrimental to the amenity of the locality. Shop conditions A permit must not be granted to: Construct or carry out a building or works under Clause 63.05 for a shop with a leasable floor area exceeding 500 square metres. Use land under Clause 63.08 for a shop with a leasable floor area exceeding 500 square metres.
63.09
19/01/2006 VC37
63.10
19/01/2006 VC37
Damaged or destroyed buildings or works If at least 50 percent of the gross floor area of a building or at least 50 percent of the area of any works is damaged or destroyed so that the use cannot continue without the building or works being reconstructed, the land must be used in conformity with this scheme, unless a permit is granted to continue the use, and to construct or carry out buildings or works. Proof of continuous use If, in relation to an application or proceeding under the Act or this scheme, including an application for a certificate of compliance under Section 97N of the Act, the extent of any existing use right for a period in excess of 15 years is in question, it is sufficient proof of the establishment of the existing use right if the use has been carried out continuously for 15 years prior to the date of the application or proceeding. An existing use right may be established under this clause even if the use did not comply with the scheme immediately prior to or during the 15 year period, unless either: At any time before or after commencement of the 15 year period the use has been held to be unlawful by a decision of a court or tribunal.
63.11
19/01/2006 VC37
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During the 15 year period, the responsible authority has clearly and unambiguously given a written direction for the use to cease by reason of its non-compliance with the scheme. 63.12
19/01/2006 VC37
Decision guidelines Before deciding on an application under Clause 63.05, 63.08 or 63.10, in addition to the decision guidelines in Clause 65 and any other requirements of the Act, the responsible authority must consider the extent to which compliance can be achieved with all scheme requirements that can reasonably be met.
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64
21/09/2009 VC60
GENERAL PROVISIONS FOR USE AND DEVELOPMENT OF LAND
64.01
31/10/2006 VC43
Land used for more than one use If land is used for more than one use and one is not ancillary to the other, each use must comply with this scheme. Land used in conjunction with another use If a provision of this scheme provides that a use of land must be used in conjunction with another use of the land: there must be an essential association between the two uses; and the use must have a genuine, close and continuing functional relationship in its operation with the other use.
64.02
31/10/2006 VC43
64.03
21/09/2009 VC60
Subdivision of land in more than one zone If a provision of this scheme provides that a permit is required to subdivide land and the land is in more than one zone a permit may be granted even if one of the lots does not comply with the minimum lot size requirements of a zone. Permit Requirement A permit may be granted to create one lot smaller than specified in the scheme if all of the following are met:
The lot to be subdivided is in more than one zone and cannot comply with the minimum
lot area specified in the scheme.
The proposed subdivision does not create lots where any lot extends into more than one
zone. This does not apply to any lots created for the following purposes: To comply with the requirements of the Urban Floodway Zone. To provide access to a road.
The remainder of the proposed lots must comply with the minimum lot area specified in
the scheme.
The proposed subdivision does not create more lots or smaller lots than allowed for in
green wedge land.
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65
19/01/2006 VC37
DECISION GUIDELINES Because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause. Approval of an application or plan Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate: The matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The purpose of the zone, overlay or other provision. Any matter required to be considered in the zone, overlay or other provision. The orderly planning of the area. The effect on the amenity of the area. The proximity of the land to any public land. Factors likely to cause or contribute to land degradation, salinity or reduce water quality. Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site. The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to regenerate. The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.
65.01
19/01/2006 VC37
65.02
19/01/2006 VC37
Approval of an application to subdivide land Before deciding on an application to subdivide land, the responsible authority must also consider, as appropriate: The suitability of the land for subdivision. The existing use and possible future development of the land and nearby land. The availability of subdivided land in the locality, and the need for the creation of further lots. The effect of development on the use or development of other land which has a common means of drainage. The subdivision pattern having regard to the physical characteristics of the land including existing vegetation. The density of the proposed development. The area and dimensions of each lot in the subdivision. The layout of roads having regard to their function and relationship to existing roads. The movement of pedestrians and vehicles throughout the subdivision and the ease of access to all lots.
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The provision and location of reserves for public open space and other community facilities. The staging of the subdivision. The design and siting of buildings having regard to safety and the risk of spread of fire. The provision of off-street parking. The provision and location of common property. The functions of any body corporate. The availability and provision of utility services, including water, sewerage, drainage, electricity and gas. If the land is not sewered and no provision has been made for the land to be sewered, the capacity of the land to treat and retain all sewage and sullage within the boundaries of each lot. Whether, in relation to subdivision plans, native vegetation can be protected through subdivision and siting of open space areas.
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66
21/09/2009 VC60
REFERRAL AND NOTICE PROVISIONS
Scope These provisions set out the types of applications which must be referred under Section 55 of the Act or for which notice must be given under Section 52(1)(c) of the Act. The provisions do not apply to the seeking of advice about an application or where a responsible authority may choose to give notice under another sub-section of Section 52(1) of the Act. These provisions also specify when a plan must be referred under Section 8(1)(a) of the Subdivision Act 1988. Referrals Applications of the kind listed in Clauses 66.01, 66.02, 66.03 and 66.04 must be referred to the person or body specified as a referral authority in accordance with Section 55 of the Act. This does not apply if in the opinion of the responsible authority, the proposal satisfies requirements or conditions previously agreed in writing between the responsible authority and the referral authority, or the referral authority has considered the proposal for which the application is made within the past three months and has stated in writing that it does not object to the granting of the permit for the proposal. Notice Notice of an application of the kind listed below in Clauses 66.05 and 66.06 must be given in accordance with Section 52(1)(c) of the Act to the person or body specified as a person or body to be notified. This does not apply if, in the opinion of the responsible authority, the proposal satisfies requirements or conditions previously agreed in writing between the responsible authority and the person or body to be notified. 66.01
15/09/2008 VC49
Subdivision referrals An application of the kind listed in the table below must be referred to the person or body specified as the referral authority.
Kind of application To subdivide land other than:

Referral authority The relevant water, drainage or sewerage authority The relevant telecommunication authority The relevant electricity supply or distribution authority The relevant gas supply authority
Boundary realignments. Subdivisions of existing buildings already connected to services. Two lot subdivisions. Subdivisions for the creation of lots to correspond with existing flats and car parking spaces.
To subdivide land outside the metropolitan fire district which creates a road, where the requirements of Clause 56.09-3 are not met. To subdivide land if the only access to a lot is over Crown land which has not been reserved or proclaimed as a road.
Country Fire Authority
Minister administering the Land Act 1958
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Kind of application To subdivide land crossed by a gas transmission pipeline or a gas transmission pipeline easement. To subdivide land within 60 metres of a major electricity transmission line (220 Kilovolts or more) or an electricity transmission easement.
Referral authority The relevant gas supply authority
The relevant authority
electricity
transmission
Note:
A subdivision which does not require referral under Clause 66.01 must be referred if it is listed as a requirement under any other provision of Clause 66. Conditions on subdivisions not requiring referral Permits for subdivisions listed in the table to Clause 66.01 as not requiring referral (other than for the creation of lots to correspond with existing flats and car parking spaces) must contain the following conditions:
66.01-1
15/09/2008 VC49
The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authoritys requirements and relevant legislation at the time. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.
66.01-2
15/09/2008 VC49
Referrals under the Subdivision Act certification of plans For the purpose of Section 8(1)(a) of the Subdivision Act 1988 referral of a plan is required if:
A referral is required by a permit issued under this scheme. The plan must be referred to the relevant referral authority. A plan creates, varies or removes an easement or restriction likely to be of interest to a referral authority. The plan must be referred to the relevant referral authority. The only access to a lot on a plan is over Crown land and the Minister administering the Land Act 1958 has not consented or provision has not been made for a road to be reserved or proclaimed. The plan must be referred to that Minister. In the opinion of the Council the plan may affect existing sewerage, water, drainage or other works. The plan must be referred to the referral authority responsible for those works.
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66.02
21/09/2009 VC60
Use and development referrals An application of the kind listed in the table below must be referred to the person or body specified as the referral authority.
Kind of application Referral authority
66.02-1
09/10/2006 VC42
Works approval or licence For a use or development requiring any of the following: Works approval in accordance with Section 19A of the Environment Protection Act 1970. A licence to discharge or emit waste in accordance with Section 20 of the Environment Protection Act 1970. Amendment of a licence under Section 20A of the Environment Protection Act 1970. Environment Protection Authority
66.02-2
17/09/2007 VC45
Mining To use or develop land for mining. Secretary to the Department administering the Mineral Resources (Sustainable Development) Act 1990
66.02-3
15/09/2008 VC49
Native vegetation To remove or destroy more than 15 native trees if each tree has a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level. To remove or destroy more than 5 native trees if each tree has a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level. To remove or destroy native vegetation which is in an Ecological Vegetation Class that has a Bioregional Conservation Status of Endangered, Vulnerable or Rare if the area to be cleared is more than 0.5 hectare. To remove or destroy native vegetation which is in an Ecological Vegetation Class that has a Bioregional Conservation Status of Depleted or Least Concern if the area to be cleared is more than 1 hectare. To remove, destroy or lop native vegetation if a property vegetation plan applies to the site. To remove, destroy or lop native vegetation on Crown land which is occupied or managed by the responsible authority. Secretary to the Department Sustainability and Environment of
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66.02-4
09/10/2006 VC42
Cattle feedlot To use or develop land for a cattle feedlot. Minister for Agriculture If the site is located within a special water supply catchment area under the Catchment and Land Protection Act 1994, the relevant water authority under the Water Act 1989 and the Secretary to the Department administering the Catchment and Land Protection Act 1994 If the number of cattle is 5000 or more, the Environment Protection Authority
66.02-5
09/10/2006 VC42
Major electricity line or easement To construct a building or construct or carry out works on land within 60 metres of a major electricity transmission line (220 Kilovolts or more) or an electricity transmission easement. Special water supply catchment To use, subdivide or consolidate land, to construct a building or construct or carry out works, or to demolish a building or works that are within a Special Water Supply Catchment Area listed in Schedule 5 of the Catchment and Land Protection Act 1994 and which provides water to a domestic supply. This does not apply to an application for a sign, fence, roadworks or unenclosed building or works ancillary to a dwelling. The relevant water board or water supply authority The relevant authority electricity transmission
66.02-6
09/10/2006 VC42
66.02-7
15/09/2008 VC49
Timber production To use or develop land for timber production by establishing a plantation. To use or develop land for timber production by harvesting timber from native forest, including thinning, if the area of native forest to be subjected to timber production operations is 10 hectares or greater. Secretary to the Department Sustainability and Environment of
66.02-8
09/10/2006 VC42
Industry or warehouse To use land for an industry or warehouse for a purpose listed in the table to Clause 52.10 shown with a Note 1 or if the threshold distance is not to be met. To use land for an industry or warehouse for a purpose listed in the table to Clause 52.10 shown with a Note 2 and if any of the following apply:
Environment Protection Authority
The Victorian WorkCover Authority
A fire protection quantity is exceeded under the Dangerous Goods (Storage and Handling) Regulations 2000. A notification is required under the
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Occupational Health and Safety (Major Hazard Facilities) Regulations 2000.
A licence is required under the Dangerous Goods (Explosives) Regulations 2000. A licence is required under the Dangerous Goods (HCDG) Regulations 2000 and the use is not associated with agriculture. The Victorian WorkCover Authority
To construct a building or construct or carry out works on land used for an industry or warehouse for a purpose listed in the table to Clause 52.10 and shown with a Note 2 if the area of the buildings and works will increase by more than 25 per cent and any of the following apply:
A fire protection quantity is exceeded under the Dangerous Goods (Storage and Handling) Regulations 2000. A notification is required under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000. A licence is required under the Dangerous Goods (Explosives) Regulations 2000. A licence is required under the Dangerous Goods (HCDG) Regulations 2000 and the use is not associated with agriculture.
66.02-9
21/09/2009 VC60
Extractive industry To use or develop land for extractive industry. Secretary to the Department administering the Extractive Industries Development Act 1995 Secretary to the Department administering the Heritage Act 1995 To use or develop land for extractive industry on Crown land or land abutting Crown land, other than a government road. To use or develop land for extractive industry:
Secretary to the Department administering the Land Act 1958, Crown Land (Reserves) Act 1978, National Parks Act 1975 and Forests Act 1958. Secretary to the Department administering the Catchment and Land Protection Act 1994
In Special Areas declared under Section 27 of the Catchment and Land Protection Act 1994. On land where the use or development involves the removal or destruction of native vegetation if the total area to be cleared is 10 hectares or greater. On land which has been identified in this scheme as being subject to high erosion risk or areas identified as
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being subject to salinity management. To use or develop land for extractive industry:
Secretary to the Department administering the Flora and Fauna Guarantee Act 1988
In areas with communities or taxa listed or critical habitat determined under the Flora and Fauna Guarantee Act 1988. On land which has been identified in this scheme as containing sites of flora or fauna significance. Secretary to the Department administering Section 201 of the Water Act 1989 Environment Protection Authority
To use or develop land for extractive industry on land which has been identified in this scheme as flood prone. To use or develop land for extractive industry if the land is intended to be used for land fill at a future date. To use or develop land for extractive industry:
Roads Corporation
On land which abuts a local road which intersects with a road declared as a freeway or an arterial road under the Road Management Act 2004 and if the development is expected to increase traffic movement at the intersection of the local road and the declared road by ten percent or more. On land which abuts a road declared as a freeway or an arterial road under the Road Management Act 2004. This does not apply to a development which generates less than one hundred commercial trips per day, with roadworks at the entrance to the site built in accordance with the requirements of the Roads Corporation and the declared road is not a freeway.
66.02-10
09/10/2006 VC42
Geothermal energy extraction To use or develop land for geothermal energy extraction. Secretary to the Department administering the Geothermal Energy Resources Act 2005
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66.03
21/09/2009 VC60
Referral of permit applications under other State standard provisions An application of the kind listed in the table below, where the planning scheme includes the specified clause, must be referred to the person or body specified as the referral authority.
Clause Clause (UFZ) Kind of application 37.03-5 An application under the zone Referral authority Relevant floodplain management authority zone within Growth Authority outside Department Planning Community Development Areas
Clause 37.07-5 (UGZ)
An application under Metropolitan Melbourne An application under Metropolitan Melbourne
the
the
zone
of and
Clause (SMO)
44.02-3 An application under the overlay and any site Department capability report Sustainability Environment 44.03-4 An application under the overlay
of and
Clause (FO) Clause (LSIO) Clause (SBO) Clause (WMO) Clause (SRO)
Relevant floodplain management authority Relevant floodplain management authority Relevant floodplain management authority Relevant fire authority
44.04-4 An application under the overlay
44.07-4 An application of the kind specified in a Referral authority schedule to the overlay specified in a schedule to the overlay 45.01-2 An application under the overlay Authority responsible for acquiring the land Roads Corporation
Clause (PAO) Clause (CLPO)
Clause 52.05
An application to display an animated or Roads Corporation electronic sign within 60 metres of a freeway or arterial road declared under the Road Management Act 2004. An application to create or alter access to, or Roads Corporation to subdivide land adjacent to, a road declared as a freeway or an arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a PAO if the Roads Corporation is the authority responsible for acquiring the land, subject to exemptions specified in the clause Any other application under the Clause Owner of, or the authority responsible for acquiring the
Clause 52.29
PAGE 7 OF 9
Clause
Kind of application
Referral authority adjacent land in the Road Zone, Category 1 or the PAO
Clause 52.30-1
An application to use or develop land for a Roads Corporation Freeway service centre. An application of the kind listed in the Clause. Director of Transport Public
Clause 52.36-01
66.04
15/09/2008 VC49
Referral of permit applications under local provisions In addition to the referral requirements of Clause 66.01, 66.02 and 66.03, an application of the kind listed in the schedule to this clause must be referred to the referral authority specified in the schedule. If a local provision of the scheme specifies a person or body as a referral authority for a kind of application or contains a referral requirement, and that specification or requirement is not included in the schedule to this clause, it is not a referral requirement under section 55 of the Act.
66.05
21/09/2009 VC60
Notice of permit applications under State standard provisions Notice of an application of the kind listed in the table below must be given to the person or body specified as a person or body to be notified.
Clause Kind of application Person or body to be notified
Clause 45.08-6
An application to use or subdivide land, or to The airport lessee construct a building or construct or carry out company of Melbourne works. Airport in accordance with the Commonwealth Airports Act 1996 An application to use or subdivide land or The Secretary of the construct a building for Accommodation, Child Department care centre, Education centre or Hospital: administering the Extractive Industries Within an Extractive Industry Interest Area. Development Act 1995 On land which is within 500 metres of land on which a work authority has been applied for or granted under the Extractive Industries Development Act 1995. An application to construct a building or construct or carry out works on land for which a work authority has been applied for or granted under the Extractive Industries Development Act 1995. These requirements do not apply to an extension to buildings or works.
Clause 52.09-4
Clause 52.21
An application to construct, use or illuminate a The owners and private tennis court under any provision of this occupiers of adjoining scheme. and opposite properties
PAGE 8 OF 9
Clause
Kind of application
Person or body to be notified
Clause 52.31
An application to use or develop land to Environment establish a new broiler farm, or to increase the Protection Authority farm capacity of an existing broiler farm, that meets the requirements of a Special Class Broiler Farm or Farm Cluster as specified in the Victorian Code for Broiler Farms 2009. An application for a permit which, except for the provisions of Clause 67, would be made to the Minister in accordance with Section 96 of the Act. This does not apply to an application for a sign or advertisement, or to remove, destroy or lop native vegetation under Clause 52.17 of this scheme The owners and occupiers of adjoining land The National Trust of Australia (Victoria), if the application relates to land on which there is a building classified by the Trust The Secretary to the Department administering the Flora and Fauna Guarantee Act 1988
Clause 67.02
Clause 67.03
An application for a permit to remove, destroy or lop native vegetation under Clause 52.17, which, except for the provisions of Clause 67, would be made to the Minister in accordance with Section 96 of the Act. This does not apply if the application is of a kind which must be referred to the Secretary under Section 55 of the Act.
66.06
15/09/2008 VC49
Notice of permit applications under local provisions In addition to the notice requirements of Clause 66.05, notice of an application of the kind specified in the schedule to this clause must be given to the person or body specified in the schedule. If a local provision of the scheme specifies a notice requirement and that requirement is not included in the schedule to this clause, it is not a notice requirement under Section 52(1)(c) of the Act.
PAGE 9 OF 9
19/01/2006 VC37
Referral of permit applications under local provisions

Clause Kind of application Referral authority
Clause 2.0 of An application to use or subdivide land, Melbourne Water Schedule 1 to construct a building or construct or carry Clause 37.01 (SUZ) out works.
PAGE 1 OF 1
19/01/2006 VC37
Notice of permit applications under local provisions

Clause None specified Kind of application Person or body to be notified
PAGE 1 OF 1
67
15/09/2008 VC49
APPLICATIONS UNDER SECTION 96 OF THE ACT This clause applies to an application for a permit which, except for the provisions of this clause, would be made to the Minister in accordance with Section 96 of the Act. Exemptions from Section 96(1) and 96(2) of the Act In accordance with Section 6(2)(ka) of the Act, the following classes of use and development are exempted from Section 96(1) and 96(2) of the Act: CLASS 1 Use of land for Car park, camping and caravan park, community facility (including child care centre, maternal and infant welfare centre, neighbourhood house, place of assembly and toilet block), dwelling, extractive industry, hospital, industry, leisure and recreation, office, residential village, retail premises or service station. CLASS 2 Development of land for A Class 1 use, demolition of a building or works, lighting and floodlighting of a recreation facility or building, sign or advertisement or subdivision. CLASS 3 Any other use or development.
67.01
19/01/2006 VC37
67.02
15/09/2008 VC49
Notice requirements In accordance with Section 52(1)(c) of the Act, notice must be given to:

The owners and occupiers of adjoining land. The National Trust of Australia (Victoria), if the application relates to land on which there is a building classified by the Trust.
This does not apply to an application:

For a sign or advertisement. To remove, destroy or lop native vegetation under Clause 52.17 of this scheme. If a permit is only required under any of the following overlays:
Salinity Management Overlay Floodway Overlay Land Subject to Inundation Overlay Special Building Overlay Wildfire Management Overlay
PAGE 1 OF 2
67.03
19/01/2006 VC37
Notice requirements - native vegetation In accordance with Section 52(1)(c) of the Act, notice of an application to remove, destroy or lop native vegetation under Clause 52.17 of this scheme must be given to the Secretary to the Department administering the Flora and Fauna Guarantee Act 1988. This does not apply if the application is of a kind which must be referred to the Secretary under Section 55 of the Act.
67.04
19/01/2006 VC37
Notice exemption In accordance with Section 52(4) of the Act, an application for a sign or advertisement on land managed, occupied or owned by the responsible authority is exempt from the notice requirement of Clause 52(1)(a) of the Act.
PAGE 2 OF 2
Definitions
70
19/01/2006 VC37
DEFINITIONS This section sets out the meaning of terms used or defined in this scheme.
DEFINITIONS CLAUSE 70
PAGE 1 OF 1
71
19/01/2006 VC37
MEANING OF WORDS A term used in this planning scheme has its ordinary meaning unless that term is defined: In this planning scheme. In the Planning and Environment Act 1987 or the Interpretation of Legislation Act 1984, in which case the term has the meaning given to it in those Acts unless it is defined differently in this scheme.
PAGE 1 OF 1
72
21/09/2009 VC60
GENERAL TERMS The following table lists general terms which may be used in this planning scheme. A term listed in the first column, under the heading "General Term", has the meaning set out beside that term in the second column, under the heading "Definition".
GENERAL TERM Act Agricultural production
DEFINITION The Planning and Environment Act 1987. Any form of primary production of renewable commodities. It does not include extractive industry, mining, or timber production from native forest. A wind measuring device. The date this scheme began, or the date of notice in the Victoria Government Gazette of approval of an amendment to this scheme. A storey below ground level, or that projects no more than 1.2 metres above ground level. The vertical distance from natural ground level to the roof or parapet at any point. The Building Regulations 1994. The area of a street reserve which is provided for the movement or parking of vehicles. It is determined by the invert of a kerb and channel and the point adjacent to the pavement edge for kerb (only) and edge strips. An unroofed area or area roofed with material that transmits 90 per cent of light. The angle between two tangent sections of a carriageway. The speed fixed for the design and correlation of the geometric features of a carriageway that influence vehicle operation. It is the speed which is not exceeded by 85 per cent of vehicles. A domestic appliance or apparatus that is normal to and services a dwelling. It includes disabled access ramps and handrails, an air conditioner, cooling or heating system, a hot water service, security systems and cameras, shade sails, a barbeque, downpipes and flues, a skylight, security screens, and the like. Land forming, laser grading, levee banks, raised access roads and tracks, building pads, storage embankments, channel banks and drain banks and associated structures. The road alignment at the front of a lot. If a lot abuts two or more roads, the one to which the building, or proposed building, faces. The playing of a gaming machine. Has the same meaning as it has in the Gambling Regulation Act 2003.
Anemometer Approval date
Basement
Building height
Building Regulations Carriageway
Clear to the sky
Deflection angle Design speed
Domestic services normal to a dwelling
Earthworks
Frontage
Gaming Gaming machine
PAGE 1 OF 4
GENERAL TERM Gross floor area
DEFINITION The total floor area of a building, measured from the outside of external walls or the centre of party walls, and includes all roofed areas. The natural level of a site at any point. Any room of a dwelling or residential building other than a bathroom, laundry, toilet, pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom, clothes drying room and other space of a specialised nature occupied neither frequently nor for extended periods. Land which is used for animal husbandry or crop raising, and is capable of continuing to sustain agricultural production, and: a) is of prime, or very good, agricultural quality, having regard to soil type, growing season, and availability of infrastructure, and is of sufficient extent to support agricultural activities on an economically viable scale; or b) has been identified through a regional, sub-regional, or local study as being of particularly good quality and strategic significance for agriculture in the regional or local context. The assessment of the physical ability of the land to sustain specific uses having regard to its management, and without long term on-site detriment to the environment. That part of the net floor area able to be leased. It does not include public or common tenancy areas, such as malls, verandahs, or public conveniences. A part (consisting of one or more pieces) of any land (except a road, a reserve, or common property) shown on a plan, which can be disposed of separately and includes a unit or accessory unit on a registered plan of strata subdivision and a lot or accessory lot on a registered cluster plan. The vertical distance between the mean ground level and the finished roof height at its highest point. One half the sum of the highest and lowest levels along ground level of the outer surface of all external building walls. The area covered by the Banyule, Bayside, Boroondara, Brimbank, Cardinia, Casey, Darebin, Frankston, Glen Eira, Greater Dandenong, Hobsons Bay, Hume, Kingston, Knox, Manningham, Maribyrnong, Maroondah, Melbourne, Melton, Monash, Moonee Valley, Moreland, Mornington Peninsula, Nillumbik, Port of Melbourne, Port Phillip, Stonnington, Whitehorse, Whittlesea, Wyndham, Yarra and Yarra Ranges Planning Schemes. Any substance which occurs naturally as part of the earth's crust, including: a) oil shale and coal; and b) hydrocarbons and mineral oils contained in oil shale or coal, or extracted from oil shale or coal by chemical or industrial processes. It does not include water, stone, or petroleum.
Ground level Habitable room
High quality productive agricultural land
Land capability assessment
Leasable floor area
Lot
Mean building height
Mean ground level
Metropolitan Melbourne
Mineral
PAGE 2 OF 4
GENERAL TERM Movable building
DEFINITION A structure, other than a tent, caravan, or vehicle, which is designed to be moved from place to place on more than one occasion. Plants that are indigenous to Victoria, including trees, shrubs, herbs, and grasses. The total floor area of all floors of all buildings on a site. It includes half the width of any party wall and the full width of all other walls. It does not include the area of stairs, loading bays, accessways, or car parking areas, or any area occupied by machinery required for air conditioning, heating, power supply, or lifts. The gross floor area of all buildings on a site, divided by the area of the site. An outdoor area of a dwelling or residential building or land for the exclusive use of the occupants. A plan which relates to the management of native vegetation within a property, and which is contained within an agreement made pursuant to section 69 of the Conservation, Forests and Lands Act 1987. The provision by one person to or for another person (whether or not of a different sex) of sexual services in return for payment or reward. The Minister, government department, public authority or municipal council having responsibility for the care or management of public land. In relation to Crown land reserved under an Act and managed or controlled by a committee of management, other than Parks Victoria or a municipal council, it means the Minister administering that Act and does not include the committee of management. A mast, for radio transmission or reception in a dwelling, that is: a) with antenna, more than 14 metres above the ground; b) if attached to a building, with antenna, more than 5 metres above the roof line; c) including antenna, wider than 6 metres; or d) excluding antenna, wider than 50 centimetres at any point exceeding 3 metres above the ground.
Native vegetation
Net floor area
Plot ratio
Private open space
Property vegetation plan
Prostitution
Public land manager
Radio mast
Retail
The sale of goods or materials, in any quantity or manner, other than by wholesale. That part of private open space primarily intended for outdoor living activities which enjoys a reasonable amount of privacy. The minimum distance from any allotment boundary to a building. Has the same meaning as it has in the Prostitution Control Act 1994. The proportion of a site covered by buildings. Basalt, freestone, granite, limestone, sandstone, or other building stone, or rock, ordinarily used for building, manufacturing,
Secluded private open space Setback
Sexual services
Site coverage Stone
PAGE 3 OF 4
GENERAL TERM
DEFINITION road making, or construction; or clay (not fine clay, bentonite, or kaolin), earth, gravel, quartz (not quartz crystals), sand, soil, slate, or other similar material.
Storey
That part of a building between floor levels. If there is no floor above, it is the part between the floor level and ceiling. It may include an attic, basement, built over car parking area, and mezzanine. The distance between street intersections or junctions, or points and locations where vehicles must slow down, usually to a maximum speed of 20 kilometres per hour. Land set aside for a street pavement and verge. The use of farming practices and systems which maintain or enhance: a) the economic viability of agricultural production; b) the natural resource base; and c) other ecosystems which are influenced by agricultural activities.
Street leg length
Street reserve Sustainable agriculture
Telecommunications line
A wire, cable, optic fibre, tube, conduit, waveguide or other physical medium used, or to be used, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy. A system or series of systems that carries, or is capable of carrying, communications by means of guided and unguided electromagnetic energy. A tower, pole or mast used as part of a Telecommunications network. Land comprised in: a) a lot which does not adjoin another lot in the same ownership; or b) lots in the same ownership and which adjoin each other. Lots are considered to adjoin each other if they are separated only by a stream, stream reserve, or unmade or unused government road or rail reserve.
Telecommunications network
Telecommunications tower Tenement
Utility service provider
A person, other than a public authority or municipal council, having responsibility under an Act for the generation, transmission, distribution or supply of electricity, gas, power, telecommunications, water supply, drainage or sewerage services. The part of the street reserve between the carriageway and the boundary of adjacent lots or other limit to the street reserve. It may accommodate public utilities, a footpath, indented parking, stormwater flows, street lighting poles and planting. The vertical distance between the top of the eaves at the wall line, parapet or flat roof (not including a chimney), whichever is the highest, and the natural ground level. The sale of goods or materials, to be sold by others.
Verge
Wall height
Wholesale
PAGE 4 OF 4
73
15/09/2008 VC49
OUTDOOR ADVERTISING TERMS The following table lists terms which may be used in this planning scheme in relation to outdoor advertising. A term listed in the first column, under the heading "Outdoor Advertising Term", has the meaning set out beside that term in the second column, under the heading "Definition".
OUTDOOR ADVERTISING TERM Above-verandah sign DEFINITION
A sign above a verandah or, if no verandah, that is more than 3.7 metres above pavement level, and which projects more than 0.3 metre outside the site. The total area of an advertisement. If the advertisement does not rotate or move, the area is one side only. A sign that can move, contains moving or scrolling parts, changes its message, flashes, or has a moving or flashing border. A sign at a dwelling that advertises bed and breakfast accommodation in the dwelling. An advertisement that consists of bunting, streamers, flags, windvanes, or the like. A sign that provides business identification information about a business or industry on the land where it is displayed. The information may include the name of the business or building, the street number of the business premises, the nature of the business, a business logo or other business identification information. A sign not exceeding 0.3 square metre that directs vehicles or pedestrians. It does not include a sign that contains commercial information. A sign that can be updated electronically. It includes screens broadcasting still or moving images. A sign illuminated by external lighting provided for that purpose. A sign on the wall of a building so that part of it is more than 10 metres above the ground. A sign at a dwelling that advertises a home occupation carried on in the dwelling, or on the land around the dwelling. A sign illuminated by internal lighting or which contains lights or illuminated tubes arranged as an advertisement. A sign which is 18 square metres or greater that promotes goods, services, an event or any other matter, whether or not provided, undertaken or sold or for hire on the land or in the building on which the sign is sited. A sign with an advertisement area exceeding 10 square metres.
Advertisement area
Animated sign
Bed and breakfast sign
Bunting sign
Business identification sign
Direction sign
Electronic sign
Floodlit sign
High-wall sign
Home occupation sign
Internally illuminated sign Major promotion sign
Panel sign
DEFINITIONS - CLAUSE 73
PAGE 1 OF 2
OUTDOOR ADVERTISING TERM Pole sign
DEFINITION
A sign: a) b) c) d) on a pole or pylon that is not part of a building or another structure; that is no more than 7 metres above the ground; with an advertisement area not exceeding 6 square metres; and that has a clearance under it of at least 2.7 metres.
Promotion sign
A sign of less than 18 square metres that promotes goods, services, an event or any other matter, whether or not provided, undertaken or sold or for hire on the land or in the building on which the sign is sited. A sign finished with material specifically made to reflect external light. An advertisement and any structure built specifically to support it. A sign: a) b) c) on or above the roof of a building, but not a verandah; fixed to the wall of a building and which projects above the wall; or fixed to a structure (not a building) so that part of it is more than 7 metres above the ground.
Reflective sign
Sign
Sky sign
PAGE 2 OF 2
74
21/09/2009 VC60
LAND USE TERMS The following table lists terms which may be used in this planning scheme in relation to the use of land. This list is not exhaustive. However, a term describing a use or activity in relation to land which is not listed in the table must not be characterised as a separate use of land if the term is obviously or commonly included within one or more of the terms listed in the table. Meaning of terms A term listed in the first column, under the heading "Land Use Term", has the meaning set out beside that term in the second column, under the heading "Definition". No definition of listed term indicates ordinary meaning A term listed in the first column, under the heading "Land Use Term", which does not have a meaning set out beside that term in the second column, under the heading "Definition", has its ordinary meaning. Terms which specifically include other listed terms A term listed in the first column, under the heading "Land Use Term", which has other terms listed beside it in the third column, under the heading "Includes", includes any term so listed in the third column and any term included within that term in the third column, but does not include any other term listed in the first column. A term listed in the first column which has other terms listed beside it in the third column may also include other terms which are not listed in the first column. All terms listed in the third column are also listed in the first column. Terms which do not specifically include other listed terms If a term listed in the first column, under the heading "Land Use Term", does not have any term listed beside it in the third column, under the heading "Includes", that term does not include any term listed in the first column. However, a term listed in the first column which does not have any term listed beside it in the third column may include other terms which are not listed in the first column. Terms which are included within other listed terms A term listed in the first column, under the heading "Land Use Term", which has a term listed beside it in the fourth column, under the heading "Included in", is included within the term so listed in the fourth column and any term which includes that term in the fourth column. All terms listed in the fourth column are also listed in the first column. Terms which are not included within other listed terms If a term listed in the first column, under the heading "Land Use Term", does not have a term listed beside it in the fourth column, under the heading "Included in", that term is not included within any other term listed in the first column.
PAGE 1 OF 23
LAND USE TERM Abattoir
DEFINITION Land used to slaughter animals, including birds. It may include the processing of animal products. Land used to accommodate persons.
INCLUDES
INCLUDED IN Rural industry
Accommodation
Camping and caravan park Corrective institution Dependent person's unit Dwelling Group accommodation Host farm Residential building Residential village Retirement village Shop
Adult sex bookshop
Land used to sell or hire sexually explicit material, including: a) publications classified as restricted under the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995; and b) materials and devices (other than contraceptives and medical treatments) used in conjunction with sexual behaviour.
Agriculture
Land used to:
Animal husbandry Aquaculture a) propagate, cultivate or harCrop raising vest plants, including cereals, flowers, fruit, seeds, trees, turf, and vegetables; b) keep, breed, board, or train animals, including livestock, and birds; or c) propagate, cultivate, rear, or harvest living resources of the sea or inland waters. Transport terminal
Airport
PAGE 2 OF 23
LAND USE TERM Amusement parlour
DEFINITION A building that contains: a) three or more coin, card, or token operated amusement machines; b) one or more coin, card, or token operated amusement machines with more than one screen or console that can be played by three or more people simultaneously; or c) two or more coin, card, or token operated billiard, snooker, or pool tables. It does not include coin, card, or token operated children's rides, amusement machines if there is the ability to receive a monetary reward, or premises used for a Hotel or Tavern.
INCLUDES
INCLUDED IN Place of assembly
Animal boarding
Land used to board domestic pets, such as boarding kennels and a cattery.
Animal keeping
Animal husbandry Land used to keep, breed, Animal keeping board, or train animals, includ- Animal training ing birds. Apiculture Extensive animal husbandry Horse stables Intensive animal husbandry Animal keeping Land used to: a) breed or board domestic pets; or b) keep, breed, or board racing dogs. Animal training Land used to train animals. Animal boarding Dog breeding Racing dog keeping
Agriculture
Animal husbandry
Horse riding school Racing dog training
Animal husbandry
Apiculture
Land used to keep honeybee hives and to extract honey or other bee hive products. Land used to keep or breed aquatic animals, or cultivate or propagate aquatic plants. Land used to manufacture, display, and sell, works of art or craft, such as handicrafts, paintings, and sculptures.
Animal husbandry
Aquaculture
Agriculture
Art and craft centre
PAGE 3 OF 23
LAND USE TERM Art gallery
DEFINITION Land used to display works of art, including ceramics, furniture, glass, paintings, sculptures, and textiles.
INCLUDES
INCLUDED IN Exhibition centre
Backpackers' lodge
Residential building Office Shop Dwelling
Bank Beauty salon Bed and breakfast A dwelling used, by a resident of the dwelling, to provide accommodation for persons away from their normal place of residence. Betting agency Land used for gambling by wagering, and where there is the ability to receive a monetary reward.
Gambling premises
Boarding house
Residential building Land used to store boats, caravans, or vehicle-towed boat trailers. Land used to launch boats into the water and to retrieve boats from the water. Boat ramp Slipway Store
Boat and caravan storage
Boat launching facility
Pleasure boat facility
Boat ramp
Boat launching facility Land used to sell packaged liquor for consumption off the premises. Land used to keep broiler chickens which are housed permanently in sheds and reared for meat production. Land made available for prostitution by a person carrying on the business of providing prostitution services at the businesss premises. Education centre Transport terminal Nightclub Land used to allow accommodation in caravans, cabins, tents, or the like. Accommodation Shop
Bottle shop
Broiler farm
Intensive animal husbandry
Brothel
Business college Bus terminal
Cabaret Camping and caravan park
PAGE 4 OF 23
LAND USE TERM
DEFINITION
INCLUDES
INCLUDED IN Dwelling
Caretaker's house A dwelling on the same site as a building, operation, or plant, and occupied by a supervisor of that building, operation, or plant. Carnival Land, other than an Exhibition centre or trade fair, used for a temporary fair or amusements which provide entertainment such as side shows, merrygo-rounds, and stalls for games or snacks. Land used to park motor vehicles.
Place of assembly
Car park
Car sales
Motor vehicle, boat, or caravan sales Service industry Land used to keep and fatten cattle which are restrained by pens or enclosures and intensively fed. Land used to dispose of human remains by burial. It may include funeral chapels or the like. Land used to care for five or more children who are not permanently resident on the land. Land used to provide screen based entertainment or information to the public. Land used to provide screen based entertainment or information to the public, in association with the provision of meals or sporting, amusement, entertainment, leisure or retail facilities. Land used, by performers, to provide entertainment such as acrobatic feats, tricks of skill, and exhibiting animals. Land used only to display goods. Place of assembly Kindergarten Intensive animal husbandry
Car wash Cattle feedlot
Cemetery
Child care centre
Cinema
Place of assembly
Cinema based entertainment facility
Circus
Commercial display area Community market
Warehouse
Market
PAGE 5 OF 23
LAND USE TERM Conference centre Convenience restaurant
DEFINITION
INCLUDES
INCLUDED IN Function centre
Land used to prepare and sell food and drink for immediate consumption, where substantial provision is made for consumption both on and off the premises. A building with a leasable floor area of no more than 240 square metres, used to sell food, drinks, and other convenience goods. It may also be used to hire convenience goods. Land used to hold and reform persons committed to it by the courts, such as a prison, remand centre, and other type of detention facility. Land used to cremate human remains. It may include funeral chapels or the like. Land used to propagate, culti- Horticulture vate or harvest plants, includ- Rice growing ing cereals, flowers, fruit, Timber production seeds, trees, turf, and vegetables.
Food and drink premises
Convenience shop
Shop
Corrective institution
Accommodation
Crematorium
Crop raising
Agriculture
Dancing school
Indoor recreation facility Shop A movable building on the same lot as an existing dwelling and used to provide accommodation for a person dependent on a resident of the existing dwelling. A building constructed as a dwelling, but used for display, to encourage people to buy or construct similar dwellings. Animal keeping Place of assembly Service industry A building used as a selfcontained residence which must include: a) a kitchen sink; b) food preparation facilities; Bed and breakfast Caretaker's house Accommodation Accommodation
Department store Dependent person's unit
Display home
Dog breeding Drive-in theatre Dry cleaner Dwelling
PAGE 6 OF 23
LAND USE TERM
DEFINITION c) a bath or shower; and d) a closet pan and wash basin. It includes out-buildings and works normal to a dwelling.
INCLUDES
INCLUDED IN
Education centre
Land used for education.
Business college Employment training centre Primary school Secondary school Tertiary institution Office
Electoral office
An office used for electioneering by a candidate in a local, State, or Federal Government election. Land used to provide facilities for emergency services, such as fire prevention and ambulance services. It may include administrative, operational or storage facilities associated with the provision of emergency services.
Emergency services facility
Employment training centre Equestrian supplies Exhibition centre Land used to display works of Art gallery art, artefacts, or historical, Museum cultural, or other like works or artefacts. Land used to keep or breed farm animals, including birds, at an intensity where the animals' main food source is obtained by grazing, browsing, or foraging on plants grown on the land. It includes: a) emergency and supplementary feeding; and b) the incidental penning and housing of animals, including birds, for brooding, weaning, dipping, or other husbandry purposes. Extractive industry Land used for the extraction or removal of stone from land for commercial use, or to use the stone for building, construction, road or manufactur-
Education centre
Restricted retail premises Place of assembly
Extensive animal husbandry
Animal husbandry
Mineral, stone, or soil extraction
PAGE 7 OF 23
LAND USE TERM
DEFINITION ing works. It includes the treatment of stone or the manufacture of bricks, tiles, pottery, or cement products on, or adjacent to, the land from which the stone is extracted.
INCLUDES
INCLUDED IN
Land used to prepare and sell Convenience food and drink for immediate restaurant consumption on, or off, the Hotel premises. Restaurant Take away food premises Tavern Land which has direct access to a freeway and is used to provide essential services and facilities which encourage drivers to stop and take an effective break in the interests of driver safety.
Retail premises
Freeway service centre
Freezing and cool storage Fuel depot Land used to store, sell, and distribute fuel. Liquid fuel depot Solid fuel depot
Store
Warehouse
Function centre
Land used, by arrangement, Conference centre to cater for private functions, Reception centre and in which food and drink may be served. It may include entertainment and dancing. Land used to organise and conduct funerals, memorial services, or the like. It includes the storage and preparation of bodies for burial or cremation. Land used for gambling by gaming or wagering, and where there is the ability to receive a monetary reward. Land used for gambling by gaming, and where there is the ability to receive a monetary reward. Land used to sell and distribute garden supplies such as sand, soil, railway sleepers, screenings, rock, and the like. Land used for the purpose of extracting geothermal energy or geothermal energy reBetting agency Gaming premises
Place of assembly
Funeral parlour
Gambling premises
Retail premises
Gaming premises
Gambling premises
Garden supplies
Landscape gardening supplies Mineral, stone, soil or geo-
Geothermal energy extraction
PAGE 8 OF 23
LAND USE TERM
DEFINITION sources for the purpose of capturing the heat energy from the resources in accordance with the Geothermal Energy Resources Act 2005. It includes any activity incidental to this purpose including the construction and operation of pumps and pipes within the area in which the geothermal energy or geothermal energy resources are being extracted.
INCLUDES
INCLUDED IN thermal energy extraction
Golf course
Outdoor recreation facility Outdoor recreation facility Land, in one ownership, containing a number of dwellings used to accommodate persons away from their normal place of residence. Accommodation
Golf driving range
Group accommodation
Hairdresser Hall Heliport
Shop Place of assembly Transport terminal An occupation carried on in a dwelling, or on the land around a dwelling, by a resident of the dwelling. It may include a use defined elsewhere, but not a Brothel. Animal training Animal husbandry Land used to propagate, culti- Market garden vate, or harvest flowers, fruit, vegetables, vines, or the like. Land used to provide health services (including preventative care, diagnosis, medical and surgical treatment, and counselling) to persons admitted as in-patients. It may include the care or treatment of out-patients. Residential building A farm used to provide acAccommodation Crop raising
Home occupation
Horse riding school Horse stables Horticulture
Hospital
Hostel
Host farm
PAGE 9 OF 23
LAND USE TERM
DEFINITION commodation for persons, away from their normal place of residence, to experience farm living.
INCLUDES
INCLUDED IN
Hotel
Land used to sell liquor for consumption on and off the premises. It may include accommodation, food for consumption on the premises, entertainment, dancing, amusement machines, and gambling. A building used for indoor leisure, recreation, or sport. Dancing school
Indoor recreation facility
Minor sports and recreation facility
Industry
Land used for any of the following operations: a) any process of manufacture; b) dismantling or breaking up of any article; c) treating waste materials; d) winning clay, gravel, rock, sand, soil, stone, or other materials (other than Mineral, stone, or soil extraction); e) laundering, repairing, servicing or washing any article, machinery, or vehicle, other than on-site work on a building, works, or land; or f) any process of testing or analysis. If on the same land as any of these operations, it also includes: a) storing goods used in the operation or resulting from it; b) providing amenities for people engaged in the operation; c) selling by wholesale, goods resulting from the operation; and d) accounting or administration in connection with the operation. If Materials recycling, goods resulting from the operation
Materials recycling Refuse disposal Refuse transfer station Research and development centre Rural industry Service industry
PAGE 10 OF 23
LAND USE TERM
DEFINITION may be sold by retail.
INCLUDES
INCLUDED IN
Informal outdoor recreation
Land open to the public and used by non-paying persons for leisure or recreation, such as a cycle track, picnic or barbecue area, playground, and walking or jogging track. Land used to keep or breed farm animals, including birds, by importing most food from outside the enclosures. It does not include: a) an abattoir or sale yard; b) emergency and supplementary feeding if incidental to the use of land for extensive animal husbandry; or c) the penning and housing of animals, including birds, for brooding, weaning, dipping or other husbandry purposes if incidental to the use of land for extensive animal husbandry. Broiler farm Cattle feedlot
Animal husbandry
Jetty Kindergarten Landscape gardening supplies Land used to propagate, grow, and sell plants, or sell and distribute garden supplies. Garden supplies Plant nursery
Marina Child care centre Retail premises
Laundromat Leisure and recreation Land used for leisure, recreation, or sport. Major sports and recreation facility Minor sports and recreation facility Motor racing track
Service industry
Library Lighting shop
Place of assembly Restricted retail premises Land used to store, sell by wholesale, and distribute fuel. Land used to sort mail for distribution. Land used for leisure, recreation or sport, and where there is substantial provision made for spectators, such as a Race course Fuel depot
Liquid fuel depot
Mail centre
Warehouse
Major sports and recreation facility
Leisure and recreation
PAGE 11 OF 23
LAND USE TERM
DEFINITION grandstand, and to which spectators are usually charged admission.
INCLUDES
INCLUDED IN
Manufacturing sales
Land used, as an incidental part of an industry, to retail goods made materially different on the land by that industry. Land used to moor boats, or store boats above or adjacent to the water. It may include boat recovery facilities, and facilities to repair, fuel, and maintain boats and boat accessories. Jetty Mooring pole Pier Pontoon
Retail premises
Marina
Market
Land used to sell goods, inCommunity market cluding foodstuffs, from stalls. Trash and treasure market
Retail premises
Market garden Materials recycling Land used to collect, dismantle, store, recycle, or sell, used or scrap materials. Land used to provide health services (including preventative care, diagnosis, medical and surgical treatment, and counselling) to out-patients only. Land used to receive milk and milk products for distribution to consumers, but where milk is not processed or pasteurised. Land used for the exploration of minerals. It includes: a) conducting geological, geophysical, and geochemical surveys; b) drilling; c) collecting samples for analysis; d) the non-commercial extraction of minerals; and e) anything (other than Mining) that is specified in an exploration licence. Land used for the searching, removal, or processing of minerals, stone, or soil, from the ground. Extractive industry Mineral exploration Mining Search for stone
Horticulture Industry
Medical centre
Office
Milk depot
Warehouse
Mineral exploration
Mineral, stone, soil, or geothermal energy extraction
Mineral, stone, or soil extraction
PAGE 12 OF 23
LAND USE TERM Mining
DEFINITION Land used commercially to extract minerals from the land. It includes processing and treating ore.
INCLUDES
INCLUDED IN Mineral, stone, soil, or geothermal energy extraction
Land used for leisure, recrea- Indoor recreation Leisure and tion, or sport, without substanfacility recreation tial provision for spectators, Informal outdoor and which is usually open to recreation non-paying spectators. Open sports ground Outdoor recreation facility Restricted recreation facility Land used for a utility installa- Water retarding bation comprising any of the sin following: a) sewerage or water mains; b) storm or flood water drains or retarding basins; d) gas mains providing gas directly to consumers; e) power lines designed to operate at less than 220,000 volts; f) a sewage treatment plant, and any associated disposal works, required to serve a neighbourhood; g) a pumping station required to serve a neighbourhood; or h) an electrical sub-station designed to operate at no more than 66,000 volts. Utility installation
Minor utility installation
Mooring pole Motel Land used to provide accommodation in serviced rooms for persons away from their normal place of residence, and where provision is made for parking guests' vehicles convenient to the rooms.
Marina Residential hotel
Motor racing track Land used to race, rally, scramble, or test, vehicles, including go-karts, motor boats, and motorcycles, and includes other competitive motor sports. Motor repairs Land used to repair or service Panel beating motor vehicles, and includes the fitting of accessories.
Leisure and recreation
Service industry
PAGE 13 OF 23
LAND USE TERM Motor vehicle, boat, or caravan sales
DEFINITION
INCLUDES
INCLUDED IN Retail premises
Land used to sell or hire mo- Car sales tor vehicles, boats, or caravans. It may include the minor repair or servicing of motor vehicles, boats, or caravans, and the sale or fitting of accessories. Land used to display archaeological, biological, cultural, geographical, geological, historical, scientific, or other like works or artefacts. Land in substantially its natural state which is used to maintain ecological systems, or to preserve an area of historic, scientific, aesthetic, or cultural significance. A building used to provide entertainment and dancing. It may include the provision of food and drink for consumption on the premises. It does not include the sale of packaged liquor, or gaming. Cabaret
Museum
Exhibition centre
Natural systems
Nightclub
Place of assembly
Nurses' home
Residential building Residential aged care facility Land used for administration, or clerical, technical, professional or other like business activity. No goods or materials intended for manufacture, sale, or hire may be stored on the land. Other than electoral office and medical centre, it does not include any other defined use. Land used for sport, but which is available for informal outdoor leisure or recreation when not being used or prepared for an organised game. It may include lights, change rooms, pavilions, and shelters. Bank Electoral office Medical centre Real estate agency Travel agency
Nursing home
Office
Open sports ground
Outdoor recreation facility
Land used for outdoor leisure, Golf course Minor sports and recreation, or sport. Golf driving range recreation Paintball games facilfacility ity
PAGE 14 OF 23
LAND USE TERM
DEFINITION
INCLUDES Pleasure park Zoo
INCLUDED IN
Paintball games facility
Outdoor recreation facility Land used to repair or replace damaged motor vehicle bodies and panels, and carry out any associated mechanical work or spray painting. Motor repairs
Panel beating
Party supplies
Restricted retail premises Marina Amusement parlour Carnival Cinema Circus Drive-in theatre Exhibition centre Function centre Hall Library Nightclub Place of worship Restricted place of assembly Place of assembly
Pier Place of assembly Land where people congregate for religious or cultural activities, entertainment, or meetings.
Place of worship
Land used for religious activities, such as a church, chapel, mosque, synagogue, and temple. Land used to propagate, grow, and sell plants. It may include the sale of gardening equipment and horticultural products. Land used to provide facilities Boat launching facilfor boats operated primarily ity for pleasure or recreation, Marina including boats operated commercially for pleasure or recreation.
Plant nursery
Landscape gardening supplies
Pleasure park
Outdoor recreation facility Marina Retail premises Land used to sell unprocessed primary produce, grown on the land or adjacent land. Retail premises
Pontoon Postal agency Primary produce sales
PAGE 15 OF 23
LAND USE TERM Primary school Race course
DEFINITION
INCLUDES
INCLUDED IN Education centre Major sports and recreation facility Animal keeping
Racing dog keeping Racing dog training Railway station Land used to assemble and distribute goods and passengers and includes facilities to park and manoeuvre vehicles. It may include the selling of food, drinks and other convenience goods and services.
Animal training Transport terminal
Real estate agency Reception centre Refuse disposal Land used to dispose of refuse, by landfill, incineration, or other means. Land used to collect, temporarily store, and process refuse, or used or scrap materials, for disposal or use elsewhere.
Office Function centre Industry
Refuse transfer station
Industry
Renewable energy Land used to generate energy Wind energy facility facility using resources that can be rapidly replaced by an ongoing natural process. Renewable energy resources include the sun, wind, the ocean, water flows, organic matter and the earths heat. It includes any building or other structure or thing used in or in connection with the generation of energy by a renewable resource. It does not include a renewable energy facility principally used to supply energy for an existing use of the land. Research and development centre Land used to develop electronic technology, biotechnology, or any other scientific discipline. It may include administration, promotion, conference, display, laboratory, assembly, and manufacturing areas. Industry
PAGE 16 OF 23
LAND USE TERM Research centre
DEFINITION Land used only for scientific research.
INCLUDES
INCLUDED IN
Reservoir Residential aged care facility Land used to provide accom- Nursing home modation and personal or nursing care for the aged. It may include recreational, health or laundry facilities and services for residents of the facility. Land used to accommodate persons, but does not include camping and caravan park, corrective institution, dependent person's unit, dwelling, group accommodation, host farm, residential village or retirement village. Backpackers' lodge Boarding house Hostel Nurses' home Residential aged care facility Residential college Residential hotel
Utility installation Residential building
Residential building
Accommodation
Residential college Residential hotel Land used to provide accom- Motel modation in serviced rooms for persons away from their normal place of residence. If it has at least 20 bedrooms, it may include the sale of liquor for consumption on, or off, the premises, function or conference rooms, entertainment, dancing, amusement machines, and gambling.
Residential building Residential building
Residential village Land, in one ownership, containing a number of dwellings, used to provide permanent accommodation and which includes communal, recreation, or medical facilities for residents of the village. Restaurant Land used to prepare and sell food and drink, for consumption on the premises. It may include: a) entertainment and dancing; and b) the supply of liquor other than in association with the serving of meals, provided that tables and chairs are set out for at least 75% of patrons present on the premises at any one time.
Accommodation
PAGE 17 OF 23
LAND USE TERM
DEFINITION It does not include the sale of packaged liquor.
INCLUDES
INCLUDED IN
Land used by members of a club or group, or by members' guests, for religious or cultural activities, entertainment, or meetings. It may include food and drink for consumption on the premises, and gaming.
Place of assembly
Restricted recrea- Land used by members of a tion facility club or group, members' guests, or by the public on payment of a fee, for leisure, recreation, or sport, such as a bowling or tennis club, gymnasium and fitness centre. It may include food and drink for consumption on the premises, and gaming. Restricted retail premises Land used to sell or hire: a) automotive parts and accessories; b) camping equipment; c) electric light fittings; d) equestrian supplies; e) floor and window coverings; f) furniture, bedding, furnishings, fabric and manchester; g) household appliances, household electrical goods and home entertainment goods; h) party supplies; i) swimming pools; or j) office equipment and supplies. Land used to: a) sell goods by retail, or by retail and wholesale; b) sell services; or c) hire goods. Equestrian supplies Lighting shop Party supplies
Shop
Retail premises
Food and drink premises Gambling premises Landscape gardening supplies Manufacturing sales Market Motor vehicle, boat, or caravan sales Postal agency Primary produce sales Shop Trade supplies
PAGE 18 OF 23
LAND USE TERM
DEFINITION
INCLUDES
INCLUDED IN Accommodation
Retirement village Land used to provide permanent accommodation for retired people or the aged and may include communal recreational or medical facilities for residents of the village. Rice growing Road freight terminal Rural industry Land used to: a) handle, treat, process, or pack agricultural produce; or b) service or repair plant, or equipment, used in agriculture. Rural store Land used to store unprocessed agricultural produce, or products used in agriculture. Land used to hold, sell, and buy farm animals. Land used to handle, cut, and process timber from logs. The searching for stone, including: a) conducting geological, geophysical, and geochemical surveys; b) costeaning and bulk sampling; c) drilling; and d) taking samples for chemical, physical, or other testing. Secondary school Service industry Land used to launder, repair, service or wash articles, machinery, or vehicles. Car wash Dry cleaner Laundromat Motor repairs Abattoir Sawmill
Crop raising Transport terminal Industry
Store
Saleyard
Sawmill
Rural industry
Search for stone
Education centre Industry
Service station
Land used to sell motor vehicle fuel from bowsers, and lubricants. It may include the: a) selling of motor vehicle accessories or parts; b) selling of food, drinks and other convenience goods; c) hiring of trailers; d) servicing or washing of
PAGE 19 OF 23
LAND USE TERM
DEFINITION motor vehicles; and e) installing of motor vehicle accessories or parts.
INCLUDES
INCLUDED IN
Land used to store shipping containers. It may include the cleaning, repair, servicing, painting or fumigation of the shipping containers. Land used to sell goods or services, or to hire goods. It includes the selling of bread, pastries, cakes or other products baked on the premises. It does not include food and drink premises, gambling premises, landscape gardening supplies, manufacturing sales, market, motor vehicle, boat, or caravan sales, postal agency, primary produce sales, or trade supplies.
Store
Shop
Adult sex bookshop Retail premises Beauty salon Bottle shop Convenience shop Department store Hairdresser Restricted retail premises Supermarket
Slipway
Boat launching facility Land used to sell solid fuel, such as briquettes, coal, and fire wood. Land used to store goods, machinery, or vehicles. Boat and caravan storage Freezing and cool storage Rural store Shipping container storage Vehicle store Fuel depot
Solid fuel depot
Store
Warehouse
Supermarket Take away food premises Land used to prepare and sell food and drink for immediate consumption off the premises. Land used to sell liquor for consumption on the premises. It may include accommodation, food for consumption on the premises, entertainment, dancing, amusement machines, and gambling. Land used to accommodate any part of the infrastructure of a Telecommunications network. It includes any telecommunications line, equipment, apparatus,
Shop Food and drink premises
Tavern
Utility installation
PAGE 20 OF 23
LAND USE TERM
DEFINITION telecommunications tower, mast, antenna, tunnel, duct, hole, pit, pole, or other structure or thing used, or for use in or in connection with a Telecommunications network.
INCLUDES
INCLUDED IN
Tertiary institution Timber production Land used to propagate, cultivate, manage and harvest timber. Timber yard Land used to sell sawn, dressed, and treated timber, wood fibre boards, and the like. It includes cutting the timber and boards to order, and selling hardware, paints, tools, and materials used in conjunction with the use and treatment of timber. Land used to sell by both retail and wholesale, or to hire, materials, tools, equipment, machinery or other goods for use in: a) automotive repairs and servicing; b) building; c) commerce; d) industry; e) landscape gardening; f) the medical profession; g) primary production; or h) local government, government departments or public institutions. Tramway Land used to provide a system of transport in vehicles connected to a network of tracks, and includes tram stops, shunting areas and associated passenger facilities. Airport Bus terminal Heliport Railway station Road freight terminal Wharf Timber yard
Education centre Crop raising
Trade supplies
Trade supplies
Retail premises
Transport terminal Land used to assemble and distribute goods or passengers. It includes facilities to park and manoeuvre vehicles. It does not include a Tramway. Trash and treasure market Travel agency
Market
Office
PAGE 21 OF 23
LAND USE TERM Utility installation
DEFINITION Land used:
INCLUDES Minor utility installation Reservoir
INCLUDED IN
a) for telecommunications; b) to transmit or distribute Telecommunicagas, oil, or power; tions facility c) to collect, treat, transmit, store, or distribute water; or d) to collect, treat, or dispose of storm or flood water, sewage, or sullage. Vehicle store Land used to park or store vehicles in connection with a goods or passenger transport business. Land used to: a) diagnose animal diseases or disorders; b) surgically or medically treat animals; or c) prevent animal diseases or disorders. It may include keeping the animals on the premises for treatment. Warehouse Land used to store or display goods. It may include the distribution and the wholesale selling of the goods.
Store
Veterinary centre
Commercial display area Fuel depot Mail centre Milk depot Store Minor utility installation
Water retarding basin
Land used to store storm or flood water on a temporary basis. Land used to provide facilities for ships, such as bulk and container ships, passenger ships, and defence force marine craft. Land used to generate electricity by wind force. It includes any turbine, building or other structure or thing used in or in connection with the generation of electricity by wind force. It can include an anemometer. It does not include turbines principally used to supply electricity for domestic or rural use of the land.
Wharf
Transport terminal
Winery
Land used to display, and sell
PAGE 22 OF 23
LAND USE TERM
DEFINITION by retail, vineyard products, in association with the growing of grape vines and the manufacture of the vineyard products. It may include the preparation and sale of food and drink for consumption on the premises.
INCLUDES
INCLUDED IN
Zoo
PAGE 23 OF 23
75
21/09/2009 VC60
NESTING DIAGRAMS The information in the table to Clause 74 is set out in the following diagrams as a means of indicating the nesting of land use terms. Land use terms that are not nested are listed separately. If there is any inconsistency between the table and the diagrams or list, the table to Clause 74 prevails.
PAGE 1 OF 15
75.01
15/12/2008 VC50
ACCOMMODATION GROUP
Camping and caravan park
Corrective institution
Bed and breakfast
Dwelling Caretaker's house Group accommodation Accommodation Host farm Backpackers' lodge
Boarding house
Hostel
Residential building
Nurses' home
Residential village
Residential aged care facility
Nursing home
Retirement village
Residential college
Residential hotel
Motel
PAGE 2 OF 15
75.02
09/10/2006 VC42
AGRICULTURE GROUP
Animal boarding Animal keeping Dog breeding
Racing dog keeping
Animal training
Horse riding school
Animal husbandry
Apiculture
Racing dog training
Agriculture
Extensive animal husbandry
Horse stables
Broiler farm
Aquaculture
Cattle feedlot
Horticulture Crop raising Rice growing
Market garden
Timber production
PAGE 3 OF 15
75.03
09/10/2006 VC42
CHILD CARE CENTRE GROUP
Child care centre
Kindergarten
75.04
09/10/2006 VC42
EDUCATION CENTRE GROUP

Business college
Employment training centre
Education centre
Primary school
Secondary school
Tertiary institution
PAGE 4 OF 15
75.05
09/10/2006 VC42
INDUSTRY GROUP
Materials recycling
Refuse disposal
Refuse transfer station
Industry
Research and development centre Abattoir Rural industry Sawmill
Car wash
Dry cleaner Service industry Laundromat
Motor repairs
Panel beating
PAGE 5 OF 15
75.06
09/10/2006 VC42
LEISURE AND RECREATION GROUP

Major sports and recreation facility Race course
Indoor recreation facility
Dancing school
Informal outdoor recreation
Open sports ground Leisure and recreation Minor sports and recreation facility Golf course
Golf driving range
Paintball games facility
Pleasure park
Zoo Restricted recreation facility Motor racing track
PAGE 6 OF 15
75.07
09/10/2006 VC42
EARTH RESOURCE EXPLORATION AND DEVELOPMENT GROUP

Extractive industry
Mineral exploration
Mining
Search for stone
Geothermal energy extraction
75.08
09/10/2006 VC42
OFFICE GROUP
Bank
Electoral office
Office
Medical centre
Real estate agency
Travel agency
PAGE 7 OF 15
75.09
09/10/2006 VC42
PLACE OF ASSEMBLY GROUP

Amusement parlour
Carnival
Cinema
Circus
Drive-in theatre
Art gallery
Place of assembly
Exhibition centre
Museum
Function centre
Conference centre
Hall
Reception centre
Library
Nightclub
Cabaret
Place of worship
PAGE 8 OF 15
75.10
09/10/2006 VC42
PLEASURE BOAT FACILITY GROUP

Boat ramp Boat launching facility Slipway
Pleasure boat facility Jetty
Mooring pole Marina Pier
Pontoon
PAGE 9 OF 15
75.11
09/10/2006 VC42
RETAIL PREMISES GROUP

Convenience restaurant Hotel Food and drink premises Restaurant Take away food premises Tavern Betting agency Gambling premises Gaming premises Garden supplies
Retail premises
Landscape gardening supplies Plant nursery Manufacturing sales Community market Market Trash and treasure market Motor vehicle, boat, or caravan sales Car sales Postal agency Primary produce sales Shop See separate diagram for the sub-group of Shop Timber yard
Trade supplies
PAGE 10 OF 15
75.12
09/10/2006 VC42
RETAIL PREMISES GROUP (SUB-GROUP OF SHOP)

Adult sex bookshop
Beauty salon
Bottle shop
Convenience shop
Department store Retail premises Shop
Hairdresser
Equestrian supplies
Restricted retail premises
Lighting shop
Party supplies
Supermarket
PAGE 11 OF 15
75.13
09/10/2006 VC42
TRANSPORT TERMINAL GROUP

Airport
Bus terminal
Heliport Transport terminal Railway station
Road freight terminal
Wharf
75.14
09/10/2006 VC42
UTILITY INSTALLATION GROUP

Minor utility installation Water retarding basin
Utility installation Reservoir
PAGE 12 OF 15
75.15
09/10/2006 VC42
WAREHOUSE GROUP
Commercial display area
Liquid fuel depot Fuel depot Solid fuel depot
Mail centre
Warehouse
Milk depot
Boat and caravan storage
Freezing and cool storage Store Rural store
Vehicle store
PAGE 13 OF 15
75.16
21/09/2009 VC60
RENEWABLE ENERGY GROUP

Renewable energy facility
PAGE 14 OF 15
75.17
21/09/2009 VC60
LAND USE TERMS THAT ARE NOT NESTED
Art and craft centre Brothel Car park Cemetery Cinema based entertainment facility Crematorium Display home Emergency services facility Freeway service centre Funeral parlour Home occupation Hospital Natural systems Research centre Saleyard Service station Tramway Veterinary centre Winery
PAGE 15 OF 15
Incorporated Documents
80
19/01/2006 VC37
INCORPORATED DOCUMENTS This section sets out the documents which are incorporated in this scheme.
INCORPORATED DOCUMENTS CLAUSE 80
PAGE 1 OF 1
81
19/01/2006 VC37
DOCUMENTS INCORPORATED IN THIS SCHEME
The documents listed in the table and in the schedule to Clause 81.01 are incorporated documents under section 6(2)(j) of the Planning and Environment Act 1987. If a document is not included in the table or the schedule, it is not an incorporated document.
INCORPORATED DOCUMENTS - CLAUSE 81
PAGE 1 OF 1
81.01
21/09/2009 VC60
Table of documents incorporated in this scheme
Table to Clause 81.01

NAME OF DOCUMENT Code of Practice for Timber Production 2007 Victorian Code for Cattle Feedlots, August 1995 Guidelines for Environmental Management - Septic Tanks Code of Practice, Publication 891, Environment Protection Authority, March 2003 Private Tennis Court Development Code of Practice Revision 1, March 1999 Code of Practice for Fire Management on Public Land (Department of Sustainability and Environment, Revision No. 1 2006) Code of Practice, Piggeries, Department of Planning and Housing and Department of Food and Agriculture, 1992 Building in bushfire-prone areas - CSIRO & Standards Australia (SAA HB36-1993), May 1993 Local Government Planning Guide for Dry Land Salinity - Department Conservation and Natural Resources, 1995 Construction Techniques for Sediment Pollution Control, Environment Protection Authority May 1991 Apiary Code of Practice, May 1997 A Good Neighbour Code of Practice for a Circus or Carnival, October 1997 A Code of Practice for Telecommunications Facilities in Victoria, July 2004 Australian Standard AS/NZS 2890.1:2004, Parking Facilities - Off-street car parking, Standards Australia 2004 Australian Standard AS2890.2-1989, Off-street parking Part 2: Commercial vehicle facilities, Standards Australia 1989 Australian Standard AS2890.5-1993, Parking Facilities Part 5: On-street parking. Standards Australia 1993 Australian Standard AS2890.3-1993, Parking Facilities Part 3: Bicycle parking facilities, Standards Australia 1993 Pavement Design - A Guide to the Structural Design of Road Pavements, Austroads, (AP-17/92) Guide to Traffic Engineering Practice, Part 6 - Roundabouts, Austroads, 1993 (AP11.6/93) Guide to Traffic Engineering Practice, Part 13 - Pedestrians, Austroads, 1995 (AP11.13/95) Guide to Traffic Engineering Practice, Part 14 - Bicycles, Austroads 1999 (AP11.14/99) Design Vehicles and Turning Path Templates, Austroads, 1995 (AP-34/95) Australian Rainfall and Run-off - A guide to flood estimation, Volume 1, The Institution of Engineers, Australia, Reprinted edition 2001
INCORPORATED DOCUMENTS - CLAUSE 81.01
PAGE 1 OF 2
NAME OF DOCUMENT Australian/New Zealand Standard AS/NZS1158.1.1:1997, Road lighting, Part 1.1: Vehicular traffic (Category V) lighting Performance and installation design requirements. Standards Australia/Standards New Zealand 1997 Australian/New Zealand Standard AS/NZS1158.3.1:1999, Road lighting, Part 3.1: Pedestrian Area (Category P) lighting Performance and installation design requirements. Standards Australia/Standards New Zealand 1999 Guide to Residential Streets and Paths, Cement and Concrete Association of Australia, 2004 (C&CCA T51-2004) Victorian Code for Broiler Farms 2009 Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria, 2009 Victorias Native Vegetation Management A Framework for Action, August 2002 Activity Centres and Principal Public Transport Network Plan, 2003 Growth Area Framework Plans, Department of Sustainability and Environment, September 2006
INCORPORATED DOCUMENTS - CLAUSE 81.01
PAGE 2 OF 2
13/07/2006 C47

NAME OF DOCUMENT Waterford Valley Comprehensive Development Plan, Drawing No. 30015698/101 (A), prepared by Aspect Landscape Consultants Pty Ltd, August 1999 Boronia Civic & Retail Precinct Concept Plan, Drawing Nos. R1, R2 and R3, prepared by Bruce Henderson Pty Ltd, October 1998 Restructure Plan 1, November 1999 Restructure Plan 2, November 1999 Restructure Plan 3, November 1999 Site Specific Control 5 Ames Street, Rowville, City of Knox, April 2001 Proposed Knox Driving Range, April 2004 Site Specific Control, 1063 Wellington Road, Rowville, City of Knox July 2006
INCORPORATED DOCUMENTS - CLAUSE 81.01 - SCHEDULE
PAGE 1 OF 1
List of Amendments
This section lists the amendments which have been made to this scheme.
LIST OF AMENDMENTS
Amendment number VC9 In operation from 25 MAY 2000 Brief description
Makes changes to the Settlement and Housing policies in the State Planning Policy Framework to recognise neighbourhood character. Makes changes to the SPPF in relation to biodiversity; introduces an operations clause for the LPPF; amends the rural zones in relation to the construction of outbuildings; amends the residential and rural zones to accommodate the keeping of pet racing dogs; amends the flooding zones and overlays to require the incorporation of local floodplain development plans; amends subdivision and dwelling provisions in the Restructure Overlay; amends clause 52.01 to clarify its relationship with the Subdivision Act 1988; amends clause 52.03 to enable the schedule to prohibit a use or development on specific sites; makes formatting and other changes arising from panel reports and operational experience. Makes changes to the Table of uses in the Public Conservation and Resource Zone relating to Utility installation and makes typographical corrections. The amendment rezones land at 930 Burwood Highway, Ferntree Gully from a Road Zone Category 1 to an Industrial 1 Zone The amendment rezones a small portion of land at Lot 22 Reservoir Crescent (LP 8241), Rowville Vol 6909 Fol. 1381699 from a Rural Living Zone to a Residential 1 Zone. Introduces ability to require permits for outbuildings larger than a specified size in the Low Density Residential Zone; introduces ability to require permits for restaurants in specified areas in the Business 1 Zone; provides more flexibility in the purpose of the Specific Sites and Exclusions provisions; simplifies the operation of the Advertising Signs provisions; reorganises and clarifies the Car Parking provisions; corrects the referral provisions in Clause 61 relating to construction of building or works on land within 60 metres of a major electricity transmission line; introduces a new definition of Retirement village; and makes various formatting and typographical corrections. Rezones land at 300 Scoresby Road, Ferntree Gully (south of Blind Creek and west of Scoresby Road) from a Special Use Zone Schedule 3 to a Residential 1 Zone. Amends the Schedule to Clause 52.03 and Schedule to Clause 81 by incorporating the document Site Specific Control-5 Ames Street, Rowville, City of Knox, April 2001 to enable land known as 5 Ames Street, Rowville to be subdivided into two lots. Amends the Schedule to Clause 34.01 by deleting the maximum combined leasable floor area for shop for the Rowville Lakes Shopping Centre to facilitate the conversion of floor area of an existing medical centre to shop use. The amendment corrects an anomaly in the Scheme, by rezoning portion of land at 1, 3 and 5 Glenfern Road, Ferntree Gully from a Public Park and Recreation Zone to a Residential 1 Zone. The amendment applies a Public Acquisition Overlay to land on the northern and southern sides of High Street Road, Wantirna South,
VC8
17 AUG 2000
VC10
14 DEC 2000
C13
21 DEC 2000
C14
21 DEC 2000
VC11
29 MAR 2001
C6
5 APR 2001
C15
12 APR 2001
C11
10 MAY 2001
C24
21 JUN 2001
C12
26 JUL 2001
LIST OF AMENDMENTS
PAGE 1 OF 14
Amendment number
In operation from
Brief description generally surrounding the intersections of Nortons Lane and Bushy Park Lane, to facilitate the public acquisition of this land for road widening purposes. The amendment also modifies the Local Planning Policy Framework to strategically justify the application of the Public Acquisition Overlay (road purposes) and the Road Zone within the municipality.
VC12
24 AUG 2001
Makes changes to the SPPF, LPPF, Zones, Overlays, Particular Provisions, Definitions and list of Incorporated documents based on the general review of residential development provisions and the recommendations of the ResCode Advisory Committee. The changes include the introduction of schedules to four residential zones, a Neighbourhood Character Overlay, new residential development provisions in Clauses 54, 55 and 56 for dwellings and subdivision, and transitional arrangements for subdivision, mediumdensity housing and residential buildings. Corrects an inconsistency between Amendment S74 and the VPP in relation to public open space contributions in subdivision. Clarifies the definition of Trade supplies. Introduces Victorian Code for Broiler Farms as an incorporated document; amends the SPPF and the Rural Zone and introduces a new Particular provision and definition relating to broiler farm; amends the Advertising signs provisions relating to major promotion signs, business logos and street numbers; includes domestic rainwater tanks as exempt buildings and works except in the Heritage Overlay; updates references in the Environmental Audit Overlay to amended sections of the Environment Protection Act 1970, following amendments to that Act; makes corrections to the Residential 1 Zone and Business 1 Zone; and updates the User Guide. Makes corrections to the Residential 1 Zone, Clause 54.04 and Clause 55.04. The Amendment affects the properties at 2 Clematis Avenue and 8 The Glade Ferntree Gully and rezones the land from a Residential 1 Zone (R1Z) to a Public Use Zone 5 (PUZ5); removes a Design Development Overlay (DDO1) from the land; and includes a Design Development Plan (prepared November 1999) as a reference document in Schedule 2 of the Significant Landscape Overlay, to allow the land to be developed and used as an extension to the existing Ferntree Gully Cemetery without a permit if in accordance with the development plan. Applies a Development Plan Overlay to land known as Lot 10 Henderson Road, Rowville to facilitate the orderly development of the land. The amendment affects land generally located west of Blackwood Park Road, and along and south of Monbulk Creek, Ferntree Gully and: Rezones the land from partly a Rural Living Zone and partly a Public Park and Recreation Zone to partly a Residential 1 Zone and partly an Urban Floodway Zone. Applies a Development Plan Overlay Schedule 5 to the site. Makes consequential changes to Clauses 21.04 and 21.08 of the
VC13
27 SEP 2001
VC14
22 NOV 2001
C18
21 FEB 2002
C9
30 MAY 2002
C2
5 SEP 2002
LIST OF AMENDMENTS
PAGE 2 OF 14
Amendment number
In operation from
Brief description Municipal Strategic Statement to strategically justify the proposal.
VC16
8 OCT 2002
Restructures Clauses 11, 12 and 13 of the State Planning Policy Framework and amends zone maps of 17 Melbourne metropolitan fringe planning schemes to introduce an Urban Growth Boundary and a legend designation for land outside the Urban Growth Boundary; introduces a renewable energy policy in Clause 15 of the SPPF; introduces a new Particular provision and Land use term for Wind energy facility; includes Wind energy facility in the Table of uses in the Public Conservation and Resource Zone; includes a temporary anemometer in the list of buildings and works not requiring a permit; makes the Minister for Planning the responsible authority in planning schemes for considering Wind energy facilities with a capacity greater than 30 megawatts; and introduces Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria, 2002 as an incorporated document in planning schemes; amends Clause 18 of the SPPF to require the design of transport routes to provide for grade separation at railways. The amendment corrects mapping and wording inconsistencies in the Scheme generally relating to the application of the Heritage and Vegetation Protection Overlays, zoning anomalies and the Schedules to Clauses 43.01 and 52.01. Updates reference to tourism guidelines in SPPF; clarifies the nature of school in the SPPF and Clause 56.07 and in conditions opposite various uses in the industrial and business zones; introduces a new Particular provision and Land use term for Shipping container storage; includes Shipping container storage in the Table of uses in the Industrial 1, Business 3 and Business 4 Zones; exempts outdoor swimming pools associated with dwellings from permit requirements in the Design and Development Overlay and Neighbourhood Character Overlay; exempts removal of native vegetation from permit requirements in the Heritage Overlay and Public Acquisition Overlay if it presents an immediate risk of injury or damage; amends Clause 52.01 to establish consistency with the Subdivision Act 1988 and to clarify the Class 1 exemption for subdivision of residential buildings; extends the expiry date in Clause 52.04-3 for transitional arrangements for residential development; amends Standard C21 in Clause 56.06-4 to facilitate the use of building envelopes on lots in new subdivisions; amends definitions of Wall height, Materials recycling and Store; and makes minor format changes. The amendment rezones land at Lot 2 Fulham Road, Rowville from PUZ6 (Local Government) to PUZ7 (Other Public Use), rezones the road reserve from PUZ6 (Local Government) to R1Z and removes Lot 2 Fulham Road, Rowville from the Stud Park Shopping Centre Development Plan Overlay (DPO1) in order to allow the construction of a Police Station without the requirement of a Planning Permit. The amendment modifies the Schedule to Clause 61.01-61.04 to enable the Minister for Planning to be the responsible authority for issuing planning certificates within the municipality. Provides permit exemption in the Public Acquisition Overlay for proposals that are consistent with the purpose for which the land was or is to be acquired; and provides permit exemptions and introduces an incorporated document for 3 Rail Infrastructure Projects (Rail Gauge Standardisation Project, Regional Fast Rail Project and Fibre
C25
17 OCT 2002
VC15
31 OCT 2002
C34
7 NOV 2002
C26
5 DEC 2002
VC17
24 DEC 2002
LIST OF AMENDMENTS
PAGE 3 OF 14
Amendment number
In operation from
Brief description Optic Project) in 23 planning schemes.
C3
27 DEC 2002
The amendment rezones land west of Blackwood Park Road, north of Monbulk Creek, east of the Waterford Valley Golf Course development and south of existing residential development on Parklands Close, Meadowview Court, Outlook Court and The Nook, Ferntree Gully from a Rural Living Zone to a Residential 1 Zone and an Urban Floodway Zone and applies the Development Plan Overlay (Schedule 5) to the land. The amendment also includes revisions to Clause 21.04 Strategic Vision and Framework, relating to use of the Residential 1 Zone and Development Plan Overlay in this area.
C4
27 DEC 2002
The amendment applies to the northern part of the land at the south west corner of Wellington Road and Gearon Avenue, and east of Yvette Drive, Rowville and: Rezones part of the land from partly a Residential 1 Zone and partly an Urban Floodway Zone to a Business 1 Zone. Applies a Development Plan Overlay over the land to be rezoned to a Business 1 Zone and a small portion of land west of the site. Amends Clause 21.11 of the Municipal Strategic Statement to strategically justify the proposal. Amends the Schedule to Clause 52.28-5 to limit the proliferation of gaming machines.
C29
27 FEB 2003
The amendment rezones eight (8) roads or parcels of land shown as roads on subdivision plans, or parts of such roads, to a Public Conservation and Resource Zone. The amendment also applies a Road Closure Overlay to the parcels of land to enable the land to form part of the Dandenong Ranges National Park. Applies the Public Acquisition Overlay over various parcels of land required to be acquired by the Secretary to the Department of Infrastructure to allow for the construction of the Southern and Eastern Integrated Transport Project. The amendment also amends the Schedule to the Public Acquisition Overlay by making the Secretary to the Department of Infrastructure the acquisition authority for the land and defines the purpose of such acquisition as Southern and Eastern Integrated Transport Project and connecting roads. Rezones the land on the south-west side of Station Street, Bayswater between Scoresby Road and Pine Road from a Business 4 Zone to a Residential 1 Zone and removes reference in the Municipal Strategic Statement to the application of a Business 4 Zone in this location. Introduces Core Planning Provisions for Metropolitan green wedge land in Clause 57 of the Particular provisions. Makes changes to the SPPF and various Overlays and Particular provisions relating to Government policies and strategies on native vegetation management, coastal planning and management, highway management and Development Contributions Plans; introduces a Particular provision for satellite dishes; makes high rise residential development in residential zones subject to car parking requirements in Clause 52.06; provides permit exemptions for
C16
13 MAR 2003
C20
1 MAY 2003
VC18
13 JUN 2003
VC19
24 JUL 2003
LIST OF AMENDMENTS
PAGE 4 OF 14
Amendment number
In operation from
Brief description direction signs to emergency facilities at hospitals and buildings and works associated with a Dependent persons unit; clarifies that permit exemption for subdivision applies to an authority acquiring land rather than generally to an acquiring authority; amends the definition of Shop to clarify that it includes the sale of bread and other products baked on the premises; updates references to Ministers, Government departments and agencies; updates references to legislation and incorporated documents; and makes various formatting and typographical corrections.
VC21
9 OCT 2003
Corrects Clause 52.05-9 to restore provisions relating to High-wall signs deleted in Amendment VC19. The amendment changes the location of the Urban Growth Boundary within the municipality. Introduces the Green Wedge Zone and the Rural Conservation Zone in the VPP and amends Clause 57 of 17 planning schemes. Introduces a policy and regulatory framework for the ScoresbyRowville Employment Precinct by rezoning significant parts of the Scoresby/Rowville industrial area, applying several overlays to guide the future development of the land, introducing a new local planning policy and updating the Municipal Strategic Statement. Includes 966 Stud Road, Rowville (Stamford House) and 6.6 hectares of land surrounding the house in the Scoresby-Rowville Employment Precinct. The amendment also introduces appropriate controls and guidelines for the future development of the land to protect Stamford House to ensure its ongoing viability as a heritage place, and provides permanent pedestrian, bicycle and vehicular access to Stamford Park. The amendment: Applies a Special Building Overlay (SBO) and Land Subject to Inundation Overlay (LSIO) to land throughout the municipality identified as being subject to overland flows. Updates Clauses 21.07 and 21.08 of the Municipal Strategic Statement (MSS) to reflect the use of the SBO and LSIO as means for achieving the objectives of these Clauses, and makes consequential changes to Clauses 61.01-61.04. Alters the planning scheme map and schedule to the Heritage Overlay to include the Templer Church Hall, 3 Wadi Street, Boronia and ensures consistency with the Victorian Heritage Register, and makes corrections to Clauses 21.04 and 21.10 of the MSS.
C41
24 NOV 2003
VC22
24 NOV 2003
C22
12 FEB 2004
C23
12 FEB 2004
C21
1 APR 2004
C39
13 MAY 2004
Amends the Schedule to Clause 52.03 and the Schedule to Clause 81 by incorporating the document Proposed Knox Driving Range, April 2004 into the Scheme to allow the use and development of the land generally bounded by University Road and Dandenong Creek, Bayswater for a golf driving range. Introduces the Green Wedge A Zone and amends the Green Wedge Zone and Rural Conservation Zone in the VPP and applies those zones, where appropriate, to Metropolitan green wedge land in 16 planning schemes; and amends Clause 57 in the VPP and 17
VC23
19 MAY 2004
LIST OF AMENDMENTS
PAGE 5 OF 14
Amendment number
In operation from
Brief description planning schemes.
VC24
11 JUN 2004
Introduces the Farming Zone and Rural Activity Zone in the VPP and amends Clause 17.05 in the SPPF, the Low Density Residential Zone and the Rural Living Zone. Removes reference to 4 Star energy rating in Standard B10, Clause 55.03-5 to ensure consistency between the VPP and the 5 Star energy rating in the Building Regulations. Makes changes to the SPPF to implement recommendations of the Live Music Task Force; removes anomalies that allow dwellings to be constructed or extended on common property and existing dwellings to be internally altered and converted to multiple dwellings without permits; updates references to current transport legislation; makes corrections to the Advertising sign provisions; amends the list of incorporated documents to refer to updated documents; restructures the list of incorporated documents in Clause 81 and the Schedule to Clause 81. Establishes all referral and notice requirements in Clause 66 and schedules to Clause 66. Introduces a Particular provision, Clause 52.34, for Bicycle facilities. Introduces and applies a Significant Landscape Overlay Schedule 7 to various parts of the City of Knox known as the Dandenong Foothills on an interim basis while Amendment C40 to the Knox Planning Scheme proceeds through the public exhibition process. Introduces a new Neighbourhood Character Local Planning Policy and makes minor changes to the Municipal Strategic Statement. Makes a change to Clause 52.17 to clarify that the exemption from the need for a planning permit for the removal, destruction or lopping of native vegetation for farm structures does not include the establishment or operation of a central pivot irrigation system. Introduces a new Residential 3 Zone; introduces a new Particular provision and amends Clause 19 to require an urban context report and design response for residential development of four (4) or more storeys; includes a reference to Design Guidelines for Higher Density Housing in Clause 19; and amends the ResCode provisions at Clauses 54.03-2 and 55.03-2 to give effect to residential height provisions. The amendment: Rezones the former Ferntree Gully Quarry from a Special Use Zone 2 to partly a Residential 1 Zone and partly a Public Park and Recreation Zone to enable the use of the land for partly residential purposes and partly a public park. Rezones selected parts of the surrounding Railway Road, Butlers Road, Ladys Walk, Hilltop Road, Government Road and View Road from a Special Use Zone 2 to partly a Residential 1 Zone and partly a Low Density Residential Zone. Introduces and applies a Significant Landscape Overlay Schedule 6 to the land identified for residential purposes. Introduces and applies a Design and Development Overlay
VC25
1 JUL 2004
VC26
26 AUG 2004
VC27
9 SEP 2004
VC28 C35
6 OCT 2004 19 OCT 2004
C5
21 OCT 2004
VC29
4 NOV 2004
VC31
25 NOV 2004
C7
2 DEC 2004
LIST OF AMENDMENTS
PAGE 6 OF 14
Amendment number
In operation from
Brief description Schedule 4 to the land identified for residential purposes. Applies a Road Closure Overlay to Government Road and View Road, Ferntree Gully.
The amendment also enables Planning Permit No. P/2003/6808 to be issued for a 75 lot subdivision, removal of vegetation and construction of a fence. C31 Part 1 9 DEC 2004 Changes the zoning of various parcels of land throughout the municipality to correct mapping errors and reflect existing uses. Makes changes to Clause 15.08 of the SPPF to refer to the land use and development polices expressed in the Great Ocean Road Region A Land Use and Transport Strategy. Amends the Schedule to the Business 1 Zone to increase the maximum combined leasable shop floor area for the Stud Park Shopping Centre (the Centre) from 22,000sq.m to 26,500sq.m and changes Schedule 1 to the Development Plan Overlay to encourage improved access to and within the Centre. Rezones parts of the land at 381 Bayswater Road, Bayswater and 841 and 863 Mountain Highway, Bayswater from an Urban Floodway Zone to an Industrial 1 Zone and applies the Land Subject to Inundation Overlay to parts of the land. Removes the requirement for a Clause 54 assessment for Heritage Overlay applications in a residential zone. Introduces a new Clause 12 with consequential changes to other clauses in the SPPF, including Clauses 14, 15, 17, 18 & 19; includes reference to Alpine Resorts 2020 Strategy in Clause 15.13 and Activity Centre Design Guidelines and Safer Design Guidelines in Clause 19.03-3; amends subdivision requirements in Clauses 35.04, 35.05, 35.06; makes changes to provisions in Clause 35.06 and Clause 57.01 regarding Wind energy facilities; amends advertising sign controls along railway corridors in Clause 36.01-7; amends Clauses 43.05-3, 55 & 56 to refer to the Residential 3 Zone; amends Clause 44.05 to broaden the range of minor buildings and works that do not require a permit; amends Clauses 44.01, 44.02, 44.03, 44.04, 44.05, 45.01, 45.02 and 45.05 to introduce exemptions from notice and review for permit applications; Clarifies requirements for extractive industry and private tennis courts in Clauses 52.09, 52.21 and 66.05; introduces definition for Metropolitan Melbourne in Clause 72; introduces a Tramway definition and deletes reference to lightrail; introduces a new incorporated document, Activity Centres and Principal Public Transport Network Plan, 2003 in Clause 81. Includes a reference to the Planning Guidelines for Land Based Aquaculture in Victoria in Clause 17; makes Education centre a prohibited use in green wedge areas; includes Emergency services facility as a Section 2 use in Clauses 35.06 and 35.07; makes Business identification signs permissible for private land owners in Clause 45.07; removes the need to consider operational guidelines in Clause 52.17; amends the re-subdivision requirements in Clause 57.01-2; introduces an Emergency services facility definition. Amends Clause 62 to provide exemption from planning scheme requirements for events on public land.
VC32
23 DEC 2004
C37
14 APR 2005
C44
18 AUG 2005
VC33
1 SEP 2005
VC34
22 SEP 2005
VC35
15 DEC 2005
VC36
22 DEC 2005
LIST OF AMENDMENTS
PAGE 7 OF 14
Amendment number VC37
In operation from 19 JAN 2006
Brief description
Amends the format of the Victoria Planning Provisions and all planning schemes to facilitate the ZAPP electronic amendment administration system. Makes changes to Clauses 15.09, 52.17, 66.02 and 72 to provide for a new approach to native vegetation management. Introduces the Farming Zone into the Planning Scheme and rezones all land in the Rural Zone to the Farming Zone. The Rural Zone is deleted from the Planning Scheme Amends the Schedule to Clause 52.03 and Schedule to Clause 81.01 by incorporating the document Site Specific Control 1063 Wellington Road, Rowville, City of Knox, to enable land known as 1063 Wellington Road, Rowville to be subdivided into two lots. Deletes the Environmental Audit Overlay from land at 1490 Ferntree Gully Road, Knoxfield. Introduces and applies interim structure planning controls to the Bayswater Major Activity Centre in the form of Schedule 6 to the Design and Development Overlay. The controls expire on 31 July 2008. Makes changes to the Clauses 32.01, 32.02, 32.04, 32.05, 32.06, 34.01, 34.02, 34.03, 34.04, 34.05, 43.01, 44.02, 62, and 72 to exempt various minor works from requiring a planning permit. Amends the metropolitan growth areas strategies in Clause 12 of the SPPF by introducing the Growth Area Framework Plans as an incorporated document. Introduces the Sustainable Neighbourhoods Provisions for residential subdivision, including changes to Clauses 19, 55.03 and 56 to 56.09; Introduces new transitional arrangements for subdivision at Clause 56.10; modifies subdivision application requirements in the residential zones; applies Clause 56 provisions as subdivision application requirements to the Comprehensive Development Zone, Priority Development Zone, Incorporated Plan Overlay and Development Plan Overlay; Amend the coastal areas policies in Clause 15.08 to give effect to the land use and development strategies of the Victorian Coastal Strategy 2002; Makes changes to the VPP to provide for geothermal energy extraction in Clauses 35.06, 35.07, 35.08, 42.01, 42.02, 42.03, 44.01, 44.02, 52.08, 52.17, 62, 66, 74 and 75; Amends Clause 52.29 to introduce a decision guideline for road network safety and efficiency regarding access to adjoining properties to respond to the Road Management Act 2004; Introduces a new Particular Provision - Clause 52.36 that includes the Director of Public Transport as a referral authority; and Makes other administrative changes, updates and corrections to the VPP. Amends the provisions relating to gaming in clauses 19.02, 52.28 and 72 to implement Government policy and to accord with the Gambling Regulation Act 2003. Introduces provisions for the further protection of green wedges in Clauses 35.04, 35.05 and 35.06; and clarifies the term in conjunction with in Clause 64. Amends SPPF Clauses 12 and 16 to introduce state-wide affordable housing policies and makes other administrative corrections to the VPP and various planning schemes.
VC38
16 MAR 2006
C56
30 MAR 2006
C47
13 JUL 2006
C51
13 JUL 2006
C53
20 JUL 2006
VC40
30 AUG 2006
VC41
1 SEP 2006
VC42
9 OCT 2006
VC39
18 OCT 2006
VC43
31 OCT 2006
LIST OF AMENDMENTS
PAGE 8 OF 14
Amendment number C40
In operation from 9 NOV 2006
Brief description
The amendment: introduces a new local planning policy titled Dandenong Foothills at Clause 22.01; applies new Schedules to the Design and Development Overlay (DDO) and Significant Landscape Overlay (SLO) that recognise the key landscape areas of the Dandenong Foothills; deletes Schedules to the DDO and SLO that are no longer required; and updates the Municipal Strategic Statement at Clauses 21.05 and 21.08.
C46
9 NOV 2006
Implements the Knox Housing Statement by: introducing a new local planning policy, Housing, at Clause 22.10; introducing a new local planning policy Interim major activity centre boundaries, at Clause 22.11; applying the Residential 3 Zone (R3Z) to established residential areas and making consequential mapping changes; and introducing the Schedule to the R3Z, which contains varied ResCode standards on private open space and front fence height.
VC44
14 NOV 2006
Introduces additional exemptions in Clause 52.17 for the removal of native vegetation near buildings used for Accommodation to manage risks to life and property from wildfire. Rezones land at 5 Burwood Highway, Wantirna from an Industrial 1 Zone to a Business 3 Zone (B3Z), and includes a requirement in the Schedule to the B3Z for a maximum combined leasable floor area for office of 7,000sq.m for the site. Amends Clause 18 to update reference to the Australian Noise Exposure Forecast (ANEF) and relevant reference documents and provides in Clause 66.05 for notice of permit applications to be given to the airport lessee of Melbourne airport. The amendment rezones land being Lots 89 and 108 Plan of Subdivision 602823X from a Public Use Zone 1 (Service & Utility) to a Rural Conservation Zone since the land is in private ownership Amends Clauses 12, 15, 17, 19, 35.04, 35.05, 43.01, 52.09, 52.17, 52.18, 52.32 & 57 to give effect to the operation of the Aboriginal Heritage Act 2006; amends the schedule to Clause 61.01 to refer to Division 1A of Part 4 of the Act; deletes reference to local provisions page header in Clause 61.03; updates reference to the Development Contribution Guidelines in Clause 18.12; corrects reference to the Victorian Commission for Gambling Regulation in Clause 52.28; includes the document relating to Rail Infrastructure Projects in Clause 81.01 of the Ballarat, Greater Geelong and Wyndham planning schemes; updates reference to the amended Mineral Resources (Sustainable Development) Act 1990 in Clauses 17, 42.01, 42.02, 42.03, 44.01, 44.02, 52.08, 52.17 and 66.02; updates list of reference documents relating to soil contamination under Clause 15.06; amends the definition for Restricted retail PAGE 9 OF 14
C52
30 NOV 2006
VC30
14 MAY 2007
C64
9 AUG 2007
VC45
17 SEP 2007
LIST OF AMENDMENTS
Amendment number
In operation from
Brief description premises in Clause 74; introduces a new purpose in the Rural Activity Zone, which provides for a specific purpose to be included in a schedule to the zone and amends the schedules in the Mansfield & Bass Coast Planning Schemes to include new purpose statements; amends Clause 52.04 (satellite dish) to include reference to the R3Z; amends Clauses 17.07, 52.18 & 81.01 to reflect the updated Timber Code; makes Veterinary centre a Section 2 use in the Farming Zone; includes new provisions for electronic billboard signage to Clause 52.05, including making VicRoads a referral authority under Clause 66.03 and a new definition in Clause 73; extending the expiry date for major promotion signage from 18/09/07 to 18/09/08 under Clause 52.05; and makes other administrative changes, other minor updates and corrections to the VPP and planning schemes.
C72
4 OCT 2007
Rezones parts of several lots along Koolamara Boulevard, Ferntree Gully from an Urban Floodway Zone to a Residential 3 Zone and modifies the Land Subject to Inundation Overlay as it applies to 38 Koolamara Blvd., 2 Paringa Drive and part of the road reserve in Paringa Drive. Correct a number of minor errors that have occurred in the approval of Amendment C40 which established new controls over the Dandenong Foothills (including the Lysterfield Valley and Lysterfield Hills areas), and Amendment C46 which introduced the Housing Local Planning Policy, the Residential 3 Zone and the Schedule to the Residential 3 Zone. Introduces an exemption in Clauses 42.01, 42.02, 42.03, 44.01, 44.02 and 52.17 for the removal of native vegetation to construct strategic fuelbreaks of up to 40 metres width for wildfire protection. The amendment makes map changes to show the new road alignments resulting from the duplication of High Street and Kelletts Road. Changes the car parking provisions in Schedule 1 to the Development Plan Overlay (DPO1) that applies to the Stud Park Shopping Centre so that the provisions specifying a required car 2 parking rate of 6 spaces to each 100m of leasable floor area apply only to the use of shop (other than restricted retail premises) on a discretionary, rather than mandatory, basis. Translates provisions from the Melbourne Docklands Area Planning Provisions, September 2006 into Clause 37.05; and introduces new purpose statements and decision guidelines to Clause 52.27 to address cumulative impact of licensed premises.
C65
6 DEC 2007
VC46
4 FEB 2008
C69
28 FEB 2008
C67
20 MAR 2008
VC47
7 APR 2008
C55
08 MAY 2008
The amendment which applies to the Austral Brickworks site on land at 525 Stud Road, Scoresby: rezones the land from an Industrial 1 Zone to a Residential 1 Zone to facilitate residential development and rezones a small area of the land near Stud Road to a Mixed Use Zone to allow for a small local neighbourhood centre; modifies the Schedule to the Mixed Use Zone to specify the maximum allowable leasable floor area at 300 sq metres for shop and 500 sq metres for office and 700
LIST OF AMENDMENTS
PAGE 10 OF 14
Amendment number
In operation from
Brief description
metres for trade supplies; introduces and applies a new Schedule 8 to the Development Plan Overlay that facilitates the orderly development of the land; includes the Austral Bricks Scoresby Urban Planning Guidelines, May 2007 as a reference document which will provide guidance to deliver high quality outcomes for the redevelopment of the site; and applies the Environmental Audit Overlay to the land.
C73 22 MAY 2008
Amends the planning controls applying to the Scoresby-Rowville Employment Precinct (approx 241ha of land bounded by Ferntree Gully and Stud Roads, Kingston Links Golf Course and EastLink), in order to simplify them, reduce the unnecessary complexity and duplication and facilitate the development envisaged by the controls. Introduces the Urban Growth Zone (UGZ) and accompanying schedule at 37.07 to the VPP and applies the UGZ to five planning schemes (Cardinia, Casey, Hume, Melton & Wyndham); amends reference to Precinct Structure Plans in Clauses 12 and 14 and amends Clause 66.03 to include a referral requirement in the new UGZ. The amendment applies to the Knox Central Principal Activity Centre, and: updates the Municipal Strategic Statement (MSS) to introduce the Knox Central Urban Design Framework and also makes minor related changes to the MSS; replaces the existing redundant Knox City/Towerpoint Shopping Centre local planning policy with a new interim Knox Central Principal Activity Centre local planning policy to guide future development; and includes the Knox Central Urban Design Framework 2005 as a reference document in the Planning Scheme.
VC48
10 JUN 2008
C68
17 JUL 2008
C75
7 AUG 2008
Extends the expiry date of Clause 22.11, Interim Major Activity Centre Boundaries until 31 October 2009; and extends the expiry date of Schedule 6 to Clause 43.02, Bayswater Major Activity Centre until 31 July 2009. Exempts further minor matters from requiring a planning permit to streamline Victorias planning system and improve the workability of provisions; refines referral requirements for Director of Public Transport, Country Fire Authority and VicRoads; introduces new referral requirements under the UGZ for the City of Greater Geelong; Clarifies the notice provisions under the MAEO; introduces the Public Transport Guidelines for Land Use and Development as a reference document; changes the advertising sign provisions under Clause 52.05, including new decision guidelines and application requirements; provides a final extension of time to 31 December 2008 for lodgement of applications for existing Major promotion signs allowed under the continuance provision in Clause 52.05-5; changes the UGZ Part A advertising sign controls from Category 4 to Category 3; introduces new exemptions under the Clause 52.17 native vegetation provisions to improve their operation; introduces a
VC49
15 SEP 2008
LIST OF AMENDMENTS
PAGE 11 OF 14
Amendment number
In operation from
Brief description new particular provision for native vegetation precinct plans in Clause 52.16; and makes other administrative changes, updates and corrections to the VPP.
C57
13 NOV 2008
Corrects several zoning and overlay mapping anomalies by rezoning various properties, removing overlays from four properties and extending one overlay. Introduces new provisions for residential aged care facilities in Clause 16, the residential zones and in Clauses 74 and 75; makes certain minor buildings and works associated with an Education centre exempt from the requirement for a planning permit in Clause 62.02; makes corrections and clarifications to the native vegetation provisions; specifies advertising sign requirements for situations where the PUZ4 and RDZ abut each other; introduces new dry stone wall provisions in Clause 52.37 together with decision guidelines for post boxes and dry stone walls and inserts the schedule to Clause 52.37 in all planning schemes and specifies a permit requirement for dry stone walls in 12 planning schemes. Amends the coastal areas policies in Clause 15.08 of the SPPF to give effect to the land use and development strategies of the Victorian Coastal Strategy 2008. Applies a Public Acquisition Overlay Schedule 5 (PAO5) and Environmental Significance Overlay 1 (ESO1) to Old Law title land in Reservoir Crescent, Rowville. Introduces a new particular provision, Clause 52.38 - 2009 Bushfire Recovery and amends Clause 62.02-1 to include a permit exemption for buildings and works carried out by or on behalf of a municipality with an estimated cost of $1,000,000 or less. Rezones 1710m2 portion of Lot N PS534485, from Residential 1 Zone to Business 1 Zone and applies the Development Plan Overlay (Schedule 4) to the land to provide for the expansion of the Wellington Village Shopping Centre. Introduces a new particular provision, Clause 52.39 - 2009 Bushfire replacement buildings providing a permit exemption for specified uses and buildings and works that were damaged or destroyed by bushfire in 2009. Amends the schedule to Clause 53 of the Yarra Ranges Planning Scheme to exempt buildings and works to which Clause 52.39 applies. Introduces a new particular provision, Clause 52.40 - Government Funded Education Facilities, providing a permit exemption for specified government funded buildings and works. Amends the Schedule to Clause 61.01 to establish the Minister for Planning as the responsible authority associated with clause 52.40. Introduces a new particular provision, Clause 52.41 - Government Funded Social Housing providing a permit exemption for specified government funded accommodation. Amends the schedule to Clause 61.01 to establish the Minister for Planning as the responsible authority associated with Clause 52.41. Corrects the general provisions, Clause 62.02-2 dot point 6, replaces the first word of the provision, building with the word furniture. Amends the expiry date of Schedule 6 to Clause 43.02, Bayswater
VC50
15 DEC 2008
VC52
18 DEC 2008
C45
5 FEB 2009
VC53
23 FEB 2009
C66
07 MAY 2009
VC57
14 MAY 2009
VC56
22 MAY 2009
C82
20 AUG 2009
LIST OF AMENDMENTS
PAGE 12 OF 14
Amendment number
In operation from
Brief description Major Activity Centre until 31 January 2010.
C80
10 SEP 2009
Relocates the Mixed Use Zone within the site of 525 Stud Road, Scoresby (formally the Austral Bricks site) and amends the Schedule to the Mixed Use Zone increasing the maximum combined leasable 2 floor area for shop for 525 Stud Road, Scoresby from 300m to 2 1000m . Introduces a new particular provision, Clause 52.43 - Interim measures for bushfire protection, providing an exemption from planning scheme and planning permit requirements for the removal, destruction of lopping of vegetation for bushfire protection. Amends the schedule to Clause 53 of the Yarra Ranges Planning Scheme to exempt the removal, destruction or lopping of vegetation to which Clause 52.43 applies. Amends Clause 15.14 to provide an overarching renewable energy statement, Clause 74 and 75 to include a new land use term and group for renewable energy facility, Clause 35.06 (RCZ), 35.07 (FZ) and 36.03 (PCRZ) to include a renewable energy facility as a permit required use. Introduces a new particular provision Clause 52.42 Renewable energy facility. Amends Clause 15 and 81 to update the Policy and Planning Guidelines for Development of Wind Energy Facilities in Victoria to the 2009 guidelines. Amends Clause 52.32 Wind Energy Facility and the reference to wind energy facilities in the schedule to Clause 61.01 to be consistent with the new guidelines. Amends the definition of anemometers in Clause 72 and Wind Energy Facility in Clause 74. Amends Clause 62.02 to make the installation of solar energy systems exempt from a permit. Amends Clause 12.05 to include a new maritime precinct policy, including two new reference documents. Amends Clause 15, 44.03 (FO) and 44.04 (LSIO) to include reference, purposes and decision guidelines regarding river health strategies and regional wetland plans. Amends Clause 16, 17 and 81.01 to include reference to the new Victorian Code for Broiler Farms 2009, amends Clause 52.31, 66.05 and 74 to reference the new code and introduce new notice requirements and update the definition for broiler farms. Amends Clause 52.17 (Native vegetation) regarding existing buildings and works in the Farming Zone and Rural Activity Zone to clarify that the extent of permit exemptions. Amends Clause 64 to allow a permit application to be made for the subdivision of land in more than one zone. Amends the permit exemptions in Clause 62.02-2 to include cat cages and other domestic animal enclosures. Amendment VC60 Introduces a number of administrative changes amending: 52.13, 56.06, 66.03, 66.02-9, 37.07, 43.04, 52.19, 34.01 to correct wording discrepancies, clarify the provisions or remove unnecessary requirements. Corrects zoning anomalies for a number of properties throughout the municipality by rezoning them from a Residential 1 Zone to a Residential 3 Zone. Rezones land at 1 and 10a Burwood Highway, Ferntree Gully from a Public Use Zone 2 Education to a Residential 1 Zone and amends the schedule to the Heritage Overlay to identify specific buildings and that tree controls apply to the site. Amends Clause 56.05-2 Residential subdivision, Public open space to include reference to the Precinct Structure Plan Guidelines and
VC61
10 SEP 2009
VC60
21 SEP 2009
C76
24 SEP 2009
C100
1 OCT 2009
VC58
1 OCT 2009
LIST OF AMENDMENTS
PAGE 13 OF 14
Amendment number
In operation from
Brief description amends the objectives and standards of Clause 56.05-2. The amendment includes new and amended public open space objectives, distribution and standards, for active open space, local parks, open space links and linear parks.
LIST OF AMENDMENTS
PAGE 14 OF 14

Knox PS Ordinance

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Knox PS Ordinance

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19/01/2006 VC37

OBJECTIVES OF PLANNING IN VICTORIA

PURPOSES OF THIS PLANNING SCHEME

KNOX PLANNING SCHEME

KNOX PLANNING SCHEME

LOCAL PLANNING POLICY TABLE OF CONTENTS

KNOX PLANNING SCHEME

30 31 32 32.01 32.02 32.03 32.04 32.06 33 33.01 34 34.01 34.02

KNOX PLANNING SCHEME

KNOX PLANNING SCHEME

SECTION PARTICULAR PROVISIONS

KNOX PLANNING SCHEME

60 61 61.01 61.02 61.03 61.04 61.05 61.06 62

KNOX PLANNING SCHEME

KNOX PLANNING SCHEME

Effect of this planning scheme

How do I use this planning scheme?

Application to use or develop land

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Contact a Council planning officer if you:

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Using Victoria's Planning System VCAT Practice Notes

State Planning Policy Framework

STATE PLANNING POLICY FRAMEWORK - CLAUSE 10

STATE PLANNING POLICY FRAMEWORK - CLAUSE 11

STATE PLANNING POLICY FRAMEWORK - CLAUSE 11

A more compact city

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

Better management of metropolitan growth

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

Networks with the regional cities

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

A more prosperous city

Objective To create a strong and innovative economy.

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

Better transport links

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 12

STATE PLANNING POLICY FRAMEWORK - CLAUSE 13

Planning for urban settlement

STATE PLANNING POLICY FRAMEWORK CLAUSE 14

Protection of catchments, waterways and groundwater

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15

Protection from wildfire

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15

STATE PLANNING POLICY FRAMEWORK - CLAUSE 15