Town Planning Evidence Statement Instructed by Best Hooper Lawyers on behalf of Southern Rural Water

Transcription

1 Town Planning Evidence Statement Instructed by Best Hooper Lawyers on behalf of Southern Rural Water Planning Panels Victoria Amendment C227 to the Wyndham Planning Scheme Statement prepared by John Glossop, Director Glossop Town Planning Pty Ltd Date: July 2018 glossopco.com.au Glossop Town Planning Level 1, 182 Capel St, North Melbourne, VIC 3051 p.(03) f.(03)

2 Table of Contents 1. INTRODUCTION... 2 My Evidence... 3 Site Inspection Record SITE AND SURROUNDS... 5 The Site... 5 Surrounds AMENDMENT REQUEST WYNDHAM PLANNING SCHEME Current Controls Proposed Controls State Planning Policy Framework Plan Melbourne Local Planning Policy Framework PLANNING CONSIDERATIONS Is the Amendment Strategically Justified? Is the ACZ1 the most appropriate zone? Are the proposed controls sufficient to deal with the future development of the site? CONCLUSION REQUIREMENTS UNDER PPV S GUIDE TO EXPERT EVIDENCE p.1

3 1. INTRODUCTION 1. I received instructions from Best Hooper Lawyers, acting on behalf of the Southern Rural Water (SRW) to give town planning evidence in respect of Amendment C227 to the Wyndham Planning Scheme under the Government Land Planning Service currently before the Government Land Standing Advisory Committee. 2. SRW is a water corporation owned by the State Government of Victoria. SRW supply water to support agricultural production, electricity generation, country towns and rural and urban businesses. They operate irrigation districts in Werribee South, Bacchus Marsh and Maffra; manage seven major dams; and license groundwater users and river diverters across the southern half of Victoria. 3. Amendment C227 seeks to: Rezone 1 Tower Road ( the site ), Werribee to Activity Centre Zone - Schedule 1 Werribee Principal Activity Centre (ACZ1) and amend the Activity Centre precinct plan 4B to include the site; Reduce the extent of the Heritage Overlay (HO100) so that it only applies to the original office and the water tower, rather than the entire site; and Apply the Environmental Audit Overlay (EAO) over the entire site. 4. No changes are proposed to the Parking Overlay (PO). 5. The site is owned by SRW and I understand that the land is surplus to its requirements and is no longer required for a public purpose. Rezoning the land will facilitate its sale by public process. 6. I have been instructed to review the proposal having regard to the town planning merits. p.2

4 My Evidence 7. In preparing this statement, I have: Inspected the site and its surrounds. Reviewed material lodged in support of Amendment C227, including the: - Information Sheet; - The Planning report (prepared by Southern Rural Water); - The Heritage Assessment (prepared by Lovell Chen August 2017); and - Site Contamination Summary Letter (prepared by Cardno August 2017). Considered the background documentation that supported the amendment request, including the: - Victorian Government Landholding Policy and Guidelines 2015; and - Victorian Government Land Transactions Policy and Guidelines Had regard to all relevant Practice Notes. Reviewed the relevant provisions of the Wyndham Planning Scheme. Reviewed relevant documents, including the: - Werribee City Centre Structure Plan (June 2013); - Urban Design Framework Plan. A Vision for the Princes Highway / Geelong Road Corridor (July 2016) adopted 12 September 2016; and - Wyndham Housing & Neighbourhood Character Strategy (September 2015). Read all submissions to Amendment C227. Read the Government Land Standing Advisory Committee Terms of Reference (version 3 April 2018). 8. In summary, my opinion is: The rezoning of 1 Tower Road, Werribee is appropriate, subject minor changes to address the residential interface; and To the extent that I am qualified to do so I support the proposed changes to the Heritage Overlay. 9. My opinion is in Section 5 of this statement and my conclusion (in Section 6) summarises my opinion. I was not involved in the preparation of Amendment C227. p.3

5 Site Inspection Record 10. I inspected the site on 6 July I have documented what I observed on the site and the surrounding area and have taken photographs. 12. During my inspections, I walked around the site and the surrounding area. p.4

6 2. SITE AND SURROUNDS The Site The Site Figure 1 Site Context: Aerial Map (Source: Nearmap 10 April 2018) 14. This site is flat and covers 1.2 hectares. It is an irregular shape, with a 72-metre frontage to Tower Road and an 86-metre abuttal to Princes Highway. A row of peppercorn trees is located on the Princes Highway frontage. 15. The site is used by Southern Rural Water as an administrative and operation centre. Buildings currently on site comprise: The former State Rivers and Water Supply Commission office, with two relocatable offices buildings; A disused water tower; One large storage shed and two smaller sheds; and A vehicle wash area. 16. There are also several sealed and unsealed car parking areas. 17. The only vehicular access to the site is from Tower Road. p.5

7 Figure 2 Photos of 1 Tower Road (July 2018) showing the Water Tower, other buildings on site and the abuttal to Princes Highway p.6

8 Surrounds 18. The site is bounded by Princes Highway to the north, and Tower Road to the west. Immediately to the east and south are residential properties. The Werribee commercial centre is located approximately 250 metres to the west of the site. The Wyndham City Council Civic Centre is located approximately 150 metres to the north east of the site. 19. There are a range of mixed uses in the immediate surrounds, that represent a transitional space between the central commercial area of Werribee to the west and north and residential areas to the south and east of the site. 4 The Site Figure 3 Cadastral Map (Source: p.7

9 The Site Figure 4 Site Context Melway Map (Source: p.8

10 Figure 5 Photos of land adjacent to and opposite 1 Tower Road (July 2018). p.9

11 3. AMENDMENT REQUEST 20. The Amendment C227 proposes to rezone 1 Tower Road, Werribee from Public Use Zone - Service and Utility (PUZ1) to Activity Centre Zone - Schedule 1 Werribee Principal Activity Centre 1 (ACZ1). Amendment C227 also proposes to modify the extent of the Heritage Overlay (HO100) so that it applies to the original office building and the water tower, rather than the entire site; and apply the Environmental Audit Overlay (EAO) over the entire site. 21. The site is owned by SRW. I understand that the land is surplus to its requirements and is no longer required for a public purpose. On this basis, SRW is required to dispose of the land pursuant to its obligations under the Victorian Government Landholding Policy and Guidelines 2015 and the Victorian Government Land Transactions Policy and Guidelines 2016 ( the guidelines ). 22. A 'first right of refusal' for the purchase of the land was offered to Government agencies including the City of Wyndham in accordance with the guidelines. The Council ultimately determined that it did not have an interest in acquiring the land. No other Government agency expressed an interest in acquiring the land. 23. In accordance with the guidelines, the land must now be rezoned to the most appropriate zoning to facilitate its sale by public process. 24. The amendment was exhibited between 21 May and 25 June A community information session was hosted by the Government Land Standing Advisory Committee on 6 June 2018 at Wyndham City Council Chambers. 26. The Government Land Planning Service received nine submissions, which raised the following key issues: The General Residential Zone would be more appropriate for this site, as it is not a commercial area; Concerns about the impact of future development on adjacent residential properties, including overdevelopment, overlooking, overshadowing, and loss of privacy; Development should not impede or compete with the historical water tower; Concerns about increases in traffic; 1 Schedule 1 to the Activity Centre Zone identifies Werribee as a Principal Activity Centre, however Plan Melbourne identifies Werribee as a Major Activity Centre. p.10

12 The Peppercorn trees along Princes Highway should be retained; Insufficient information was provided about the site s future development to justify third party notice and appeal rights being removed; and The site should be used as a park. 27. EPA Victoria and Transport for Victoria made submissions in support of Amendment C227. p.11

13 4. WYNDHAM PLANNING SCHEME Current Controls 28. The site is currently zoned Public Use Zone - Service and Utility (PUZ1). 29. The site is affected by the Heritage Overlay (HO100). 30. The site is not located within a Bushfire Prone Area, nor is it located within an area of Aboriginal Cultural Heritage Sensitivity 2. Public Use Zone - Service and Utility (PUZ1) 31. The site is currently zoned Public Use Zone - Service and Utility (PUZ1). 32. Pursuant to Clause 36.01, the Purpose of the Zone is: 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. The Site Figure 6 Zoning Map (Source: 2 According to the Planning Property Report from accessed on 17 July p.12

14 33. The surrounding land comprises: Commercial 1 Zone (C1Z) to the north on the opposite side of Princes Highway; Activity Centre Zone - Schedule 1 Werribee Principal Activity Centre (ACZ1) to the west of Tower Road; and General Residential Zone Schedule 1 Wyndham Residential Areas (GRZ1) to the east and south. 34. While the site is zoned PUZ1, it is also identified in Schedule 1 to the Activity Centre Zone (refer to Figure 7 below). The Werribee City Centre Framework Plan includes this site with a notation land not zoned ACZ1. The provisions of this schedule do not apply. The Site Figure 7 Excerpt from the Activity Centre Zone - Schedule 1 p.13

15 35. The Heritage Overlay (HO100) applies to the site. Pursuant to Clause 43.01, the Purpose of the Overlay is: 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 specified 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. The Site Figure 8 Heritage Overlay (Source: p.14

16 36. The Parking Overlay (PO) applies to the site. Pursuant to Clause 45.09, the Purpose of the Overlay is: To implement the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To facilitate an appropriate provision of car parking spaces in an area. To identify areas and uses where local car parking rates apply. To identify areas where financial contributions are to be made for the provision of shared car parking 37. Schedule 1 to the Parking Overlay (Werribee City Centre) applies to the Werribee Activity Centre. The car parking objectives are: To sufficiently and efficiently provide for car parking in the Werribee City Centre. To consolidate car parking into large, well located, easily accessible and locatable facilities where possible. To provide for the collection of financial contributions towards the construction of shared car parking facilities. 38. Schedule 1 requires 1 car space per dwelling (regardless of number of bedrooms) and removes the requirement for visitor car parking associated with dwellings. 39. For an office (other than listed in Table 1 of Clause 52.06), 3 car spaces for each 100 sq m of net floor area are required; and for a restaurant 3.5 car spaces are required to each 100 sq m of leasable floor. 40. Schedule 1 allows for financial contributions in-lieu of one or more car parking spaces required under this Clause (subject to certain conditions). p.15

17 The Site Figure 9 Parking Overlay (Source: Proposed Controls 41. Amendment C227 (as exhibited) seeks to: Rezone the site to Activity Centre Zone - Schedule 1 Werribee Principal Activity Centre (ACZ1) and amend the Activity Centre Precinct Plan 4B to apply the ACZ1 controls to the site; Modify HO100 so that it applies to the original office building and the water tower, rather than the entire site; and Apply the Environmental Audit Overlay (EAO) over the entire site. 42. No changes are proposed to the PO. 43. Pursuant to ACZ1 the land use and development objectives are: To facilitate the growth of the Werribee City Centre as a key regional commercial, retail, recreational and cultural focal point for Melbourne s west, and as a location for higher density residential development. p.16

18 To integrate the Werribee City Centre with its central river and park environs. To integrate the Werribee City Centre with the East Werribee Employment Precinct. To achieve the objectives of the Werribee City Centre Structure Plan (2011). To intensify land use in the Werribee City Centre and encourage a diverse range of land uses and attractions, including accommodation, office, retail, food and drink, transport, civic and community uses. To intensify street level activity by: - Encouraging a mixture of land uses that generate high levels of activity to locate at ground level along street frontages, - Encouraging residential, commercial and other land uses that generate low levels of pedestrian activity to locate either above ground level or behind street-facing active land uses, and - Integrating public and private land uses. 44. The objectives for Precinct 4 are: To develop Synnot Street/Princes Highway as the principal commercial boulevard within the Werribee City Centre. To facilitate the expansion of the Werribee City Centre south of Synnot Street. To strengthen connections to the Central Precinct and the East Werribee Employment Precinct. To encourage further intensification and diversification of the retail, commercial and residential mix along Synnot Street. To improve pedestrian amenity along Synnot Street. To strengthen and enhance Duncan s Road as a boulevard and gateway to the Werribee City Centre from the south. To encourage the further development of the specialist professional services sector and other commercial and residential uses in the streets south of Synnot Street, as a transition to adjoining residential land. 45. Precinct 4B includes the following requirements: Preferred building height of between 8 metres to 18.5 metres. Preferred building setbacks: - 0 metre front and side setbacks to a height of 8 metres at street frontages; and p.17

19 - Where land adjoins residential zoned land, the standards for side and rear setbacks specified in Clause are to be met. State Planning Policy Framework 46. Within the State Planning Policy Framework ( SPPF ), I consider the following policies most relevant to Amendment C227: Clause 9 Plan Melbourne ; Clause 10 Operation of the State Planning Policy Framework Clause Integrated decision making ; Clause Urban Growth ; Clause Activity Centres ; Clause Metropolitan Melbourne ; Clause 13 Environmental risks ; Clause Soil degradation ; Clause Urban environment ; Clause Sustainable development ; Clause Heritage ; Clause 16 Housing ; Clause Residential development ; Clause Commercial ; Clause 18 Transport ; and Clause Principal Public Transport Network. 47. I have considered these clauses in the preparation of my evidence. My assessment of the relevant parts of these clauses is provided at Section 5 of this statement. Plan Melbourne Within Plan Melbourne, Werribee is located within the Western Subregion and is identified as a major activity centre. Plan Melbourne identifies Werribee as one of seven National Employment and Innovation Clusters (NEIC). Map 11 (Werribee National Employment and Innovation Cluster) identifies the Werribee town centre as a commercial precinct. p.18

20 Figure 10 Werribee NEIC (Source: Plan Melbourne page 33) 49. Directions most relevant to the amendment include: Direction 1.1 Create a city structure that strengthens Melbourne s competitiveness for jobs and investment - Policy Facilitate the development of national employment and innovation clusters 1.2 Direction 1.2 Improve access to jobs across Melbourne and closer to where people live p.19

21 - Policy Support the development of a network of activity centres linked by transport Direction 2.2 Deliver more housing closer to jobs and public transport - Policy Support new housing in activity centres and other places that offer good access to jobs, services and public transport Direction 4.4 Respect Melbourne s heritage as we build for the future - Policy Recognise the value of heritage when managing growth and change Direction 5.1 Create a city of 20-minute neighbourhoods - Policy Create mixed-use neighbourhoods at varying densities 50. I have considered these directions in the preparation of my evidence. Local Planning Policy Framework 51. The following Clauses within the Local Planning Policy Framework ( LPPF ) are most relevant to these applications. Clause Municipal Profile ; Clause Settlement ; Clause Environmental Risks ; Clause Built Environment and Heritage ; Clause Housing ; Clause Economic Development ; Clause Transport ; and Clause Heritage conservation policy ; 52. In summary, the following sections of the LPPF provide guidance for the consideration of the amendment. 53. Clause 'Settlement' includes the following objective to identify areas suitable for urban growth and development. The site is located within 800 metres of Werribee station, and is located within the Werribee Major Activity Centre. The objective is supported by strategy 1.1: Concentrate most higher density residential and mixed use development and higher density employment areas and services within metres of existing and planned rail stations. p.20

22 54. Clause 'Built Environment and Heritage includes an objective to identify, recognise and protect places of heritage, cultural and social significance. This clause recognises the importance of protecting and managing significant heritage assets. Two strategies are particularly relevant to Amendment C227: 2.1 Ensure that the significance of a site is identified, assessed and protected. 2.6 Ensure that the use and development of heritage places and adjoining land is compatible with and does not adversely affect the significance of the place. 55. Implementation of this clause is supported by the application of Clause (Heritage conservation policy) seeks to protect the heritage assets of the community and ensure respectful infill development. 56. Clause 'Housing key issues in this clause include: Identifying the Werribee City Centre as a key commercial centre for Melbourne s west, and a location for high density residential development. In addition to the expected population growth in the greenfield areas, the 2011 population of Werribee is projected to increase from about 39,000 residents to over 60,000 people by the year 2031 supporting an additional 8,500 dwellings. 57. To address this Objective 1 To provide variety and choice in housing densities, is supported by Strategy 1.3: Encourage higher density development to occur in well serviced and established areas such as Werribee City Centre and Hoppers Crossing. 58. And by Objective 2: To provide a diversity of choice in housing styles and designs. 59. Clause 'Economic Development includes the following statement: Wyndham is committed to the reinvigoration and redevelopment of the Werribee City Centre as its Principal Activity Centre as a major retail, commercial and residential hub. 60. Key Issues under this clause include: Consolidating activity centres as the focus for retail and commercial activity; Creating functional, attractive and accessible activity centres that connect to surrounding communities including by cycling and walking routes; Ensuring activity centres provide a mix of uses to create vibrant, attractive spaces. p.21

23 61. Objective 3 under this clause is: to facilitate the growth of the Werribee City Centre. The supporting strategies are: Encourage a diverse range of land uses including accommodation, office, retail, food and drink, transport, leisure, civic and community uses. Encourage high quality, accessible and environmentally sustainable design. Provide coordinated walking, cycling, pedestrian and vehicular movement. Encourage the development of an integrated high quality public transport interchange. Provide well located and accessible car parking areas in the centre. Enhance the green heart of the centre and improve connections to environmental and open space assets in accordance with Map 6 Werribee City Centre Activity Land Use and Built Form Map). 62. The scale of development is expected to be higher density mixed use buildings scaling down to medium density and lower density at the sensitive interfaces. 63. Clause 'Heritage conservation policy applies to all land in the municipality. It supports the implementation of Clause 'Built Environment and Heritage and includes the following objectives: To recognise, conserve and enhance places in Wyndham identified as having architectural, cultural, natural or historic significance. To ensure that the cultural significance of a site, involving the aesthetic, historic, scientific, architectural or social value of a place to past, present and future generations, is assessed and used to guide planning decisions. To encourage the retention of cultural heritage places and ensure that these places are recognised and accorded appropriate protection. 64. Under this clause it is policy to: Ensure the use and development of cultural heritage places and adjoining land be compatible with and not adversely affect the significance of cultural heritage places. Werribee City Centre Structure Plan 65. The Werribee City Centre Structure Plan (June 2013) is listed as a reference document within the ACZ1. The Structure Plan sets out a shared vision for the growth of the Werribee City Centre. p.22

24 66. The purpose of the Structure Plan is: To guide growth and change, facilitate development, and attract investment, to achieve the vision for growth. 67. The Vision for the Werribee City Centre is: Embracing its unique river setting, the Werribee City Centre will combine with the Werribee Employment Precinct and grow as the Capital of Melbourne s New West; a focal point of economic, cultural and environmental excellence The Structure Plan designates areas within which medium and high intensity mixed use development is encouraged, this includes the site. It sets out policies and objectives for further development and identifies opportunities and strategies to realise those objectives. 69. The site is in the Synnot Street South Precinct. The objectives for this precinct are: To develop Synnot Street/Princes Highway as the principal commercial boulevard within the Werribee City Centre; To facilitate the expansion of the Werribee City Centre south of Synnot Street; To strengthen connections to the Central Precinct and the Werribee Employment Precinct; To encourage further intensification and diversification of the retail, commercial and residential mix along Synnot Street; To improve pedestrian amenity along Synnot Street; To strengthen and enhance Duncan s Road as a boulevard and gateway to the Werribee City Centre from the south; and To encourage the further development of the specialist professional services sector and other commercial and residential uses in the streets south of Synnot Street, as a transition to adjoining residential land. 70. The guidelines for this precinct are: Ground level active frontages to Synnot Street should be maximized; Opportunities for pedestrian and vehicle connections through to Synnot Street from the street south of Synnot Street should be maximized; 3 Werribee City Centre Structure Plan (June 2013) page 12. p.23

25 Where possible, car park entries should be from the streets located south of Synnot Street rather than directly from Synnot Street; New development within 30 metres of residential zoned land must provide an appropriate built-form transition to adjoining residential zoned areas through the height, setback, scale, massing and detail of new development, as demonstrated by an Urban Context Report and Design Response; New development with a boundary adjoining residential zoned land should meet the standards for side and rear setbacks in Clause and the standards for overshadowing in Clause ; and Building heights of 8m to 25.5m (2 to 7 storeys) are encouraged. 71. The preferred heights in the Werribee City Centre Structure Plan were translated into the ACZ1. 4 The guideline for new development with a boundary adjoining residential zoned land to meet the standards for overshadowing in Clause was not translated into the ACZ1. p.24

26 5. PLANNING CONSIDERATIONS 72. Having regard to the relevant physical and strategic context as well as the submissions received, I consider the planning issues relevant to the amendment to be: Is Amendment C227 strategically justified? Is the Activity Centre Zone - Schedule 1 Werribee Principal Activity Centre (ACZ1) the most appropriate zone? Are the proposed controls sufficient to deal with the future development of the site? 73. In summary, I consider that the amendment is strategically justified. The application of the ACZ1 to the land is the most appropriate zone given that this zone applies to nearby land and that the site is within a Major Activity Centre. In terms of its content, I consider that minor changes are required to address issue of public notice and built form considerations. 74. From a town planning perspective, there is no need to lower the exhibited building heights, let alone apply these controls in a mandatory fashion. 75. In terms of heritage matters, I defer to the evidence of others. Is the Amendment Strategically Justified? 76. I have reviewed the strategic justification for the amendment in accordance with Planning Practice Note 46: Strategic Assessment Guidelines (PPN46). The salient points of this analysis are discussed below. Why is the amendment required? 77. Under the Victorian Government Landholding Policy and Guidelines 2015, a Government agency must not retain land that does not contribute to a current or future service need. The site is owned by SRW which has determined that the land is surplus to its requirements. 78. A 'first right of refusal' for the purchase of the land was offered to other Government agencies including the Council. No agency expressed an interest in the site and SRW is now obliged to dispose of the land via a public process. 79. Amendment C227 to the Wyndham Planning Scheme is required to rezone the land to facilitate its sale and future development. p.25

27 Does the amendment implement the objectives of planning and address any environmental, social and economic effects? 80. Section 4(1) of the Planning & Environment Act 1987 sets out the objectives of planning p.26 in Victoria. They are: a) To provide for the fair, orderly, economic and sustainable use, and development of land; b) To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; c) To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria; d) To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; e) To protect public utilities and other assets and enable the orderly provision and co-ordination of public utilities and other facilities for the benefit of the community; f) To facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); and g) To balance the present and future interests of all Victorians. 81. Amendment C227 provides the statutory mechanism to facilitate the orderly and sustainable development of the land surplus to SRW s requirements. I conclude that the sale and development of the land for urban purposes will balance the present and future interests of Victorians. 82. It is my view that the amendment is consistent with the objectives of planning in Victoria. 83. Subject to the application of the EAO, I do not consider that the amendment would have any adverse environmental impacts. 84. Based on the Site Contamination Summary Letter (Cardno, 25 August 2017) it is anticipated that an Environmental Audit may be able to be completed with only minor further site works. 85. I expect that the amendment will have positive social and economic effects by virtue of the provision of land centrally located within the Werribee Major Activity Centre. The rezoning will facilitate the sale of surplus land and its development for urban purposes

28 to complement the surrounding area. No adverse social or economic effects are anticipated to be generated because of the amendment. Does the amendment address relevant bushfire risk? 86. The site is not located in a Bushfire Prone Area. Does the amendment comply with all relevant Minister's Directions? 87. The amendment is consistent with the 'Ministerial Direction - The Form and Content of Planning Schemes' and complies with: Ministerial Direction No. 1 'Potentially Contaminated Land'; Ministerial Direction No. 9 'Metropolitan Strategy'; and Ministerial Direction No. 11 'Strategic Assessment of Amendments'. 88. The amendment is accompanied by all the information required by the relevant directions including a Site Investigation and an Explanatory Report. Does the amendment support or implement the SPPF? 89. The amendment supports and implements many relevant objectives in the SPPF, including Clause 9 (Plan Melbourne), Clause 10 (Operation of the State Planning Policy Framework), Clause (Metropolitan Melbourne), Clause (Activity Centres) and Clause (Heritage). 90. The amendment seeks to apply the most appropriate zone to support the Werribee Activity Centre. The site will provide a logical and meaningful contribution to infill development and urban consolidation within a Major Activity Centre. I am satisfied that there are mechanisms in place to ensure that future development and respond to the site's heritage assets. Does the amendment support or implement the LPPF? 91. The proposed amendment supports implementation of the LPPF. 92. The LPPF identifies the Werribee City Centre as a key commercial centre for Melbourne s west, and a location for high density residential development. The rezoning to ACZ1 will enable the site to be redeveloped in a manner which supports the redevelopment of the Werribee City Centre as a major retail, commercial and residential hub. p.27

29 93. The ongoing identification of the heritage assets on the site supports Clause (Built Environment and Heritage) which includes an objective to identify, recognise and protect places of heritage, cultural and social significance. 94. Environmental risks can be managed through the application of the EAO. Does the amendment make proper use of the Victoria Planning Provisions? 95. I discuss the appropriateness of zone selection and other mechanisms as implementation tools later in my evidence. How does the amendment address the views of relevant agencies? 96. I am advised that the views of relevant agencies were sought through the exhibition process. 97. Both EPA Victoria and Transport for Victoria made submissions in support of Amendment C227. Does the amendment address the requirements of the Transport Integration Act 2010? 98. Amendment C227 complies with the principles set out in Part 2 of the Transport Integration Act What impact will the new planning provisions have on the administrative costs of the responsible authority? 99. I anticipate that the new planning provisions introduced by Amendment C227 would have a limited impact on the responsible authority's resources and administrative costs. Is the ACZ1 the most appropriate zone? 100. The Activity Centre Zone is the most appropriate zone for this site. Strategic Planning for the Werribee Major Activity Centre has consistently and clearly identified this site as being part of the Activity Centre. Significantly the site is already identified with the ACZ1 as being part of the Activity Centre The size and location of the site, on a major road, on the edge of an activity centre mean that it is suitable for urban development. Within Precinct 4B the Activity Centre Zone permits a range of uses, including accommodation, office and shops. The site is in a location identified for high density residential development, and residential development in this location could provide variety and choice in housing densities. p.28

30 102. A standard residential zone is not necessary to enable residential development on this site The Wyndham City Council supports the request for this site to be rezoned to ACZ1. In its submission, it states: Strategic planning for the area, clearly identifies the site in the Activity Centre and designates the land for intensification. A rezoning to the ACZ1 would be an outcome consistent with Council s expectations for the area, however the heritage and residential interface sensitivity of the site need to be appropriate addressed by the proposed amendment 104. I consider issues relating to heritage and the residential interface in more detail below. Should the land be zoned for public open space? 105. There were several submissions to the Advisory Committee that asked that the land be used as a public park. Typically, a park (in public ownership) would be zoned Public Park and Recreation Zone I note that within the Terms of Reference for the Government Land Standing Advisory Committee (version 3 April 2018) the Advisory Committee can only consider the application of a public land zone if requested by: The Minister for Planning in a referral, or A Victorian Government department or agency where a public land zone is needed for identified current or future service delivery purpose The site has not been identified as needing a public land zone. Notice and Review 108. Under Clause (Exemption from notice and review) applications under Clauses , , or are 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 schedule to this zone specifies otherwise As outlined in Planning Practice Note 56 Activity Centre Zone the default provision in the ACZ is that no third-party notice, decision or review rights exist for any lodged permit application. This is based on the extent of community and stakeholder consultations that inform the preparation of the relevant structure plan. p.29

31 110. This site has consistently and clearly identified as being part of the Activity Centre and is already identified with the ACZ1 as siting within the Activity Centre. The exhibition process associated with Amendment C227 included consultation with relevant stakeholders and the community However, the schedule to the ACZ can be used to vary this requirement and specify applications where exemptions would not apply. According to the Practice Note, notice and review rights can be turned back on for particular forms of development (such as developments that exceed preferred maximum building heights) Clause (Design and development) allows a schedule to the ACZ to include requirements relating to: Building setbacks; Building height; Building materials; Access; Landscaping; Public realm; and Any other requirements or guidelines 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 is not in accordance with any design and development requirement in the schedule to this zone unless the schedule to this zone specifies otherwise As outlined above Precinct 4B includes the following requirements: Preferred building height between 8 metres to 18.5 metres Preferred building setbacks of 0 metre front and side setbacks to a height of 8 metres at street frontages; and where land adjoins residential zoned land, the standards for side and rear setbacks specified in Clause are to be met Applications that do not meet the above requirements can be considered, however these applications would be subject to notice and review requirements. 5 Planning Practice Note 56 Activity Centre Zone (June 2015) page 4. p.30

32 Are the proposed controls sufficient to deal with the future development of the site? 115. Amendment C227 proposes to establish new planning controls for the site. The guidance in these controls needs to be sufficient to allow decision makers to make good decisions. The subsequent planning permit process for this site will resolve specific built form issues. Clause 65 (Decision Guidelines) requires that: 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 The site is located within Precinct 4B within the ACZ1. As outlined above Precinct 4B includes the following requirements: Preferred building height between 8 metres to 18.5 metres. Preferred building setbacks of 0 metre front and side setbacks to a height of 8 metres at street frontages; and where land adjoins residential zoned land, the standards for side and rear setbacks specified in Clause are to be met The preferred building setbacks (where land adjoins residential zoned land) will apply to the development of this site as it has a direct interface with the GRZ1 to the east and south Several submissions raised concerns about a range of amenity impacts including the potential for overshadowing, overlooking and an increase in noise The adopted Wyndham Housing & Neighbourhood Character Strategy (September 2015) identifies residential land adjoining this site as being part of the Substantial Change Areas where the higher densities are appropriate given the location near public transport, access to shops, services and other facilities. The Strategy recommends that these areas are rezoned to Residential Growth Zone. On 5 December 2017, Council resolved to receive a report (by mid-2018) that among other things updates the Strategy to remove the Residential Growth Zone. I could find no record of this report being presented to Council prior to the circulation of expert evidence I do not support the submission made by Council that this site should be subject to an 11-metre mandatory height control to reflect the adjacent GRZ1 height controls. Height controls between 8 to 18.5 metres are applied to numerous precincts in the ACZ with residential interfaces The Werribee City Centre Structure Plan (June 2013) is listed as a reference document within the ACZ1. The Werribee City Centre Structure Plan includes preferred heights p.31

33 across the centre that were translated into the ACZ1. As can be seen in Figure 11 below preferred building heights of 2 to 5 storeys (between 8 to 18.5 metres) as shown in yellow apply to large parts of the Activity Centre. The Site Figure 11 Preferred Building Heights (Werribee City Centre Structure Plan June 2013 page 17) 122. Planning Practice Note 59 The role of mandatory provisions in planning schemes (June 2015) is clear that mandatory provisions will only be considered in circumstances where it can be clearly demonstrated that discretionary provisions are insufficient to achieve desired outcomes. The criteria in Planning Practice Note 59 should be used to assess p.32

34 if the benefits of any proposed mandatory provision outweigh any loss of opportunity and the flexibility inherent in a performance-based system The criteria are: Is the mandatory provision strategically supported? Is the mandatory provision appropriate to the majority of proposals? Does the mandatory provision provide for the preferred outcome? Will the majority of proposals not in accordance with the mandatory provision be clearly unacceptable? Will the proposed mandatory provision reduce costs imposed on councils, applicants and the community to the extent that it significantly outweighs the benefit of a performance based provision? I am not aware of any new work that provides strategic justification for the provision of a mandatory 11 metre height control on the site An 11-metre mandatory height control on the site would not support the provision of the land use and development objectives sought by Council for the Werribee City Centre, which include: To facilitate the growth of the Werribee City Centre as a key regional commercial, retail, recreational and cultural focal point for Melbourne s west, and as a location for higher density residential development. To achieve the objectives of the Werribee City Centre Structure Plan (2011). To intensify land use in the Werribee City Centre and encourage a diverse range of land uses and attractions, including accommodation, office, retail, food and drink, transport, civic and community uses The application of an 11-metre mandatory height control lacks any strategic justification, would not support the land use and development objectives for the activity centre and is inconsistent with Planning Practice Note Planning Practice Note 60 Height and setback controls for activity centres is clear about the preference for discretionary controls in activity centres. The application of discretionary controls, combined with clear design objectives is the preferred form of height and setback controls. Discretionary controls are 6 Planning Practice Note 59 The role of mandatory provisions in planning schemes (June 2015) page 2. 7 ACZ1 Section 2.0 Land use and development objectives to be achieved. p.33

35 more likely to facilitate appropriate built form outcomes than mandatory controls by providing more flexibility to accommodate contextual variations and innovative design. Mandatory height and setback controls (that is, controls that cannot be exceeded under any circumstance) will only be considered in exceptional circumstances According to Planning Practice Note 60 exceptional circumstances might include: Sensitive coastal environments; Significant landscape precincts such as natural waterways, regional parks and areas where dense tree canopies are the dominant feature; Significant heritage places where other controls are demonstrated to be inadequate to protect unique heritage values; (my emphasis) Sites of recognised State significance; and Helicopter and aeroplane flight paths and other aeronautical needs I am not aware of any work that has demonstrated other controls (presumably the ACZ1 and the Heritage Overlay) are inadequate to protect the heritage values of the site. The application of an 11-metre mandatory height control lacks any strategic justification and is inconsistent with Planning Practice Note 60. I consider the application of the Heritage Overlay in further detail below I do not support the notion that applying a reduced height limit of 11 metres would necessarily reduce the potential for overshadowing of adjoining properties. In essence, the proposition to limit building height based on overshadowing concerns puts the cart before the horse. In my experience, poorly sited and/ or designed buildings of a lower height can often have less acceptable off-site impacts than higher buildings. The issue is not really one of height per se, but siting and design. The key criterion is to include mechanisms in the control that allow for these impacts to be considered. These impacts can then be properly considered as part of the town planning permit process It follows that, from a town planning perspective, the existing preferred building heights for Precinct 4B are appropriate for this site. 8 Planning Practice Note 60 Height and setback controls for activity centres (June 2015) page 2. 9 Planning Practice Note 60 Height and setback controls for activity centres (June 2015) pages 2-3. p.34

36 132. Having said this, it is appropriate to acknowledge that the site is at the edge of the Activity Centre and has an abuttal to GRZ1 land along its rear and side boundaries. Given the notice provisions of the zone and the way that this operate in partnership with the zone s requirements, I consider it appropriate to widen the application of clause (Amenity impacts) to this site I recommend the application of the following additional objectives under clause (Amenity Impacts) where land adjoins residential zoned land: Side and rear setbacks objective (retain); Walls on boundaries objective (new - include); Daylight to existing windows objective (new - include); North-facing windows objective (new - include); Overshadowing open space objective (new - include); Overlooking objective (new- include); Internal views objective (can be deleted, as it does not relate to the protection of existing residents); and Noise impacts objectives (new - include) This would assist in managing the sensitive residential interface at the edge of the Activity Centre and addressing concerns about the amenity impacts of future development on abutting residents. Heritage 135. The land is affected by HO100. Amendment C227 proposes to modify the extent of the Heritage Overlay (HO100) so that it applies to the original office and the water tower, rather than the entire site. The Amendment also proposes to turn off the tree controls for HO To the extent that I am qualified to do so, I have commented on the proposed changes to HO100. I have not provided comment on changes to the extent of the HO As outlined above the LPPF recognises the importance of protecting and managing significant heritage assets. The heritage assets on this site will continue to be identified. If the extent of HO100 is reduced, there are specific strategies and policies that would continue to apply. p.35

37 138. Clause strategy 2.6 (Ensure that the use and development of heritage places and adjoining land is compatible with and does not adversely affect the significance of the place) will continue to apply to the site. Clause Heritage conservation policy will also apply and includes the following: It is policy to: Ensure the use and development of cultural heritage places and adjoining land be compatible with and not adversely affect the significance of cultural heritage places The Amendment also proposes to turn off the tree controls for HO100. Planning Practice Note 1 Applying the Heritage Overlay (January 2018) includes a section on the application of tree controls. Relevantly, the practice note says: Tree controls should only be applied where there has been a proper assessment. The statement of significance for the heritage place should identify the particular trees that are significant (under What is significant? ) and why the tree or trees are important. This control is designed to protect trees that are of intrinsic significance (such as trees that are included on the National Trust Heritage Register or trees that contribute to the significance of a heritage place (for example, trees that contribute to the significance of a garden or area). The control is not meant to protect trees for their amenity value. 10 (my emphasis) 140. The Heritage Assessment (Lovell Chen august 2017) exhibited as a supporting document provides the following assessment of significant elements: Based on the preceding assessment of significance and values identified, it is considered that the two elements of heritage significance are the water tower (1913) and the former State Rivers and Water Supply Commission offices (1926). None of the other existing buildings or structures on the site are considered of significance. The trees are not considered of heritage significance. While mature specimens and of long standing on the site, these do not appear to relate to the establishment and early development of the site in the 1910s and 1920s (as related to the buildings), dating from a later phase in the site s history. The trees do not contribute particularly to a defined setting for the two heritage buildings. Furthermore, they are utilitarian plantings that would be typical of 10 Planning Practice Note 1 Applying the Heritage Overlay (January 2018) page 3 p.36

38 many industrial/institutional sites and not considered of significance in their own right. 11 There are no other landscaping elements of significance Based on The Heritage Assessment (Lovell Chen august 2017) and Planning Practice Note 1 Applying the Heritage Overlay (January 2018), I support the tree controls being turned off for HO If tree controls continue to apply to the site, the specific trees should be clearly identified in line with the Practice Note. Parking Overlay 143. Amendment C227 does not propose any changes to the PO that applies to the Activity Centre. The ongoing application of the PO will facilitate an appropriate provision of car parking spaces. In response to submissions that have raised concerns about car parking I note that schedule 1 to the PO includes the following decision guidelines for permit applications: The responsible authority will protect adjoining residential areas from the intrusion of car parking associated with developments within the Werribee City Centre by considering the effects of car parking on adjoining residential areas before any variation of the requirements is granted. Environmental Audit Overlay 144. In line with Ministerial Direction number 1 it is appropriate to apply the EAO to the site. Summary Based on the Site Contamination Summary Letter (Cardno, 25 August 2017) it is anticipated that an Environmental Audit may be able to be completed with only minor further site works In summary the proposed controls are sufficient to deal with the future development of the site. The combination of the ACZ1 (subject to minor changes to better manage the residential interface) and HO100 is sufficient to protect the site's heritage assets and guide future development outcomes; and the application of the EAO will manage the extent of any potentially contaminated land Tower Road, Werribee Heritage Assessment (Lovell Chen August 2017) section 4.1 page 17. p.37