Planning and Environment Act 1987

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Planning and Environment Act 1987

Hume PLANNING SCHEME

AMENDMENT C207

and concurrent permit application

P18858

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Growth Areas Authority (now known as the Victorian Planning Authority), which is the planning authority for this amendment.

The Amendment has been made at the request of the Victorian Planning Authority.

Land affected by the Amendment

The amendment applies to approximately 1,798 hectares of land within Melbourne’s Sunbury / Diggers Rest Growth Corridor, located approximately 30km from Melbourne’s CBD and referred to as the Sunbury South Precinct. The Sunbury South Precinct is generally bounded by Watsons Road and the Jacksons Creek to the south, Gellies Road and the Emu Creek to the north and north-east, the high-voltage transmission line easement to the east and Vineyard Road to the west. The precinct abuts a number of existing communities within the Sunbury township, including Goonawarra and Jacksons Hill. The Lancefield Road precinct is located to the north-east of the precinct, and the Sunbury West precinct to the west. The amendment also affects a portion of land directly abutting the Sunbury South precinct to the north (at 785 Sunbury Road).

What the amendment does

The amendment proposes to incorporate a new document into the Hume Planning Scheme titled “Sunbury South Precinct Structure Plan”. The amendment also rezones the land to Urban Growth Zone Schedule 9 to facilitate the development of the land and makes a number of other changes to the Hume Planning Scheme.

More specifically, the Amendment proposes the following changes to the Hume Planning Scheme:

Introduces and applies Schedule 9 to 37.07 Urban Growth Zone (UGZ9) into the Hume Planning Scheme. This zone sets out the land use and development controls for the precinct and requires land use and development to be generally in accordance with the incorporated Sunbury South Precinct Structure Plan.
Inserts Schedule 9 to 37.01 Special Use Zone (SUZ9) into the Hume Planning Scheme and applies the SUZ9 to the transmission line easements.
Inserts Schedule 10 to 37.01 Special Use Zone (SUZ10) into the Hume Planning Scheme and applies the SUZ10 to the land currently occupied by the Craiglee Vineyard.
Introduces Clause 32.07 Residential Growth Zone (RGZ) and associated Schedule into the Hume Planning Scheme.
Rezones a portion of Special Use Zone Schedule 1 (SUZ1) to Urban Growth Zone Schedule 9 (UGZ9).
Applies the Rural Conservation Zone (RCZ) to land within the amendment area which falls within the Biodiversity Conservation Strategy conservation area and areas of significant regional landscape value.
Rezones land from Rural Conservation Zone Schedule 1 (RCZ1) to Urban Growth Zone Schedule 9 (UGZ9) to part of the land within the amendment area.
Rezones land from Rural Conservation Zone Schedule 1 (RCZ1) to Rural Conservation Zone (no schedule) within the amendment area.
Rezones land from Urban Growth Zone (UGZ) to Rural Conservation Zone to a portion of land within the amendment area.
Rezones a portion of Green Wedge Zone A (GWZA) to Urban Growth Zone Schedule 9 (UGZ9).
Rezones a portion of Special Use Zone 1 (SUZ1) to Special Use Zone 9 (SUZ9).
Deletes Environmental Significance Overlay Schedule 1 (ESO1) from land within the amendment area and Schedule 10 (ESO10) from parts of land within the amendment area.
Deletes Heritage Overlay HO358 (Former Constitution Hotel).
Applies Environmental Significance Overlay Schedule 10 (ESO10) to land within the amendment area which falls within the Biodiversity Conservation Strategy conservation area.
Inserts Incorporated Plan Overlay Schedule 3 (IPO3) into the Hume Planning Scheme and applies the IPO3 to land which within the amendment area which falls within conservation areas under the Biodiversity Conservation Strategy
Inserts Incorporated Plan Overlay Schedule 4 (IPO4) into the Hume Planning Scheme and applies the IPO4 to land within the amendment area which will be zoned Rural Conservation Zone (RCZ) outside of the Biodiversity Conservation Areas, land to be zoned Special Use Zone 9 (SUZ9) and land to remain zoned as Urban Floodway Zone (UFZ) and Public Conservation and Resource Zone (PCRZ).
Amends the Schedule to Clause 52.17 to exempt permit requirements for native vegetation removal within the precinct.
Amends the Schedule to Clause 61.03 to update planning scheme maps.
Amends the Schedule to Clause 66.04 to require referrals for planning permit applications in the Redstone Hill Major Town Centre and the Harpers Creek Local Town Centre to the Growth Areas Authority; the ‘quarry buffer’ area to the Secretary to the Department administering the Mineral Resources (Sustainable Development) Act 1990; and the Biodiversity Conservation Strategy conservation areas on land within the SUZ10 to the Department of Environment, Land, Water and Planning.
Amends the Schedule to Clause 66.06 to require notice to be given to the licensee of the Derrimut to Sunbury Gas Transmission Pipeline for certain uses within the gas pipeline measurement length.
Amends the Schedule to Clause 81.01 to include the new incorporated document titled “Sunbury South Precinct Structure Plan”.

The Combined Permit and Amendment Process

Division 5 of Part 4 of the Act provides for a combined permit and amendment process. The provisions allow a planning authority to consider applications for planning permits concurrently with an amendment to a planning scheme. The Minister may grant a permit at the same time as the amendment is approved. An application for a permit has been made in respect of the following parcels of land affected by the amendment under Division 5 of Part 4 of the Act:

Application No.	Permission Sought	Applicant	Land
P18858	Multi lot staged, subdivision of land for residential development, and large lots for a major town centre.	Villawood Properties	675 Sunbury Road, 40 Redstone Hill Road and 80 Redstone Hill Road

Generally in this explanatory report a reference to the amendment includes a reference to the concurrent planning permit application.

Why is the Amendment required?

The amendment introduces planning provisions to implement the State Planning Policy Framework with regard to the growth of Melbourne by facilitating new urban development and associated infrastructure provision, conservation and open space outcomes.

A planning scheme amendment is the most appropriate method for managing the proposed urban growth and associated development as the matters relate to land use and development outcomes. The planning scheme amendment allows for urban development outcomes specific to the land resulting in more certain and efficient regulation.

The amendment provides a balanced outcome in favour of net community benefit. The certainty provided by the amendment in terms of land use, development and infrastructure outcomes provides for a transparent and informed investment environment while delivering a clear picture for the future of the land for the existing community. The amendment provides for the housing and servicing of new residents in a manner that minimises disruption to the existing nearby communities.

The amendment complements and in some cases replaces existing provisions of the scheme. In particular the amendment streamlines and integrates processes for native vegetation management, infrastructure provision, national biodiversity outcomes, bushfire protection and housing diversity on smaller lots. In most cases, all aspects of development in the amendment area will be addressed through the issue of a single planning permit following the approval of the amendment.

Schedule 9 to the Urban Growth Zone details the uses permitted within the precinct, along with the statutory requirements for planning permits and permit application in accordance with the Precinct Structure Plan. The Incorporated Plan Overlay Schedule 3 and Schedule 4 detail the statutory requirements for planning permits in accordance with the PSP for land within the amendment area that falls outside the Urban Growth Zone.

The amendment does not duplicate any management provisions for the land and development in other acts or regulations.

How does the Amendment implement the objectives of planning in Victoria?

To provide for the fair, orderly, economic and sustainable use and development of land.

Development of the land for urban purposes will assist in consolidating the urban setting of the area and result in better use of local facilities. The precinct represents a logical and orderly extension of the Sunbury Township.

The precinct will include areas of employment through retail and commercial opportunities in the major town centre, local town centre, local convenience centres and employment and commercial area. The precinct also contains land designated for industrial and light industrial development, providing additional employment opportunities for the local population.

The precinct has been planned generally in accordance with the land use designations within the Sunbury / Diggers Rest Growth Corridor Plan.

To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity.

The precinct contains the significant waterways of Jacksons and Emu Creeks which provide important north-south habitat corridors and connectivity through the growth corridor. The conservation areas within the precinct will specifically protect Growling Grass Frog populations within high quality habitat identified in the Biodiversity Conservation Strategy for Melbourne’s Growth Corridors. The conservation areas and regionally significant landscape values will be protected through the retention and, where required, application of the Rural Conservation Zone.

Parts of the precinct are currently affected by the Environmental Significance Overlay Schedule 1 (ESO1) and Environmental Significance Overlay Schedule 10 (ESO10).The ESO1 and parts of the ESO10 will be removed from the amendment area. The ESO1 relates to Rural Waterways and Environs and will no longer be of relevance to the area as the land will be classified as urban. The environmental protection of the waterways will be protected through the retention and application of the ESO10, and within the PSP.

Development in the area will contribute funds towards maintenance of threatened ecological processes in line with Victoria’s obligations set out in the endorsed program report for Melbourne Growth Corridors under the Environment Protection and Biodiversity Act 1999.

To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria

The PSP will contain requirements that regulate the subdivision of land so as to create pleasant residential neighbourhoods with good access to jobs, services and recreation within and around the local town centres.

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.

Background studies informing the amendment have identified areas of high, medium and low significance for Aboriginal cultural heritage. The corridors of Emu Creek and Jacksons Creek are nominated as areas of particularly high interest. Development proponents are required to comply with the Aboriginal Heritage Act 2006 in relation to any matters of aboriginal cultural significance on the land.

Four sites within the precinct are covered by Heritage Overlays (HO28, HO210, HO344, and HO358). Four of these are proposed to be incorporated into the future urban structure to continue the heritage protection of these sites, with the Heritage Overlays to be retained on these sites. A Heritage Conservation Management Plan will be required to be submitted as part of an application that includes a heritage significant site to ensure the heritage value is incorporated into the proposed development or subdivision. Heritage Overlay HO358 (the former Constitution Hotel) is proposed to be deleted from the Hume Planning Scheme, as heritage advice received has indicated that the property does not present heritage values worthy of protection.

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.

A separate amendment will provide for an Infrastructure Contributions Plan (ICP) that will set out how local roads, recreation spaces and community facilities will be funded for construction. Drainage infrastructure will be upgraded to cater for urban development and allow for natural flows into retarding basins or wetlands.

A logical program for the roll out of infrastructure based upon projected growth rates has been incorporated into the planning for the precinct through the Sunbury Infrastructure Co-Ordination and Delivery Strategy (the Strategy), which is not intended to be a rigid control of development sequencing, but will provide strategic directions around the timing associated with key infrastructure, both that which is funded through an ICP and other infrastructure items. The Strategy is referenced within the PSPs, and decisions around the timing of key infrastructure (in particular, ‘works in kind’ credits for delivery of infrastructure items) will need to have regard the Strategy.

The Melbourne-Bendigo Railway Corridor traverses the precinct. A planning permit will be required for subdivision and buildings and works which includes accommodation, child care centre, display home or hospital within 100 metres of the railway corridor shown on Plan 10 of the Sunbury South Precinct Structure Plan, and must be accompanied by an acoustic assessment report and a design response that addresses the recommendations of an acoustic assessment and minimises the number of buildings requiring architectural noise attenuation treatments.

To facilitate development in accordance with the objectives set out in the points above.

The amendment allows for further urban development in Melbourne that will improve the supply of housing in the short term, provide for a robust neighbourhood structure and leave a legacy of funded local infrastructure projects. The amendment will provide appropriate protection of significant environmental, heritage and landscape features.

To balance the present and future interests of all Victorians

Providing for urban development in the area will ensure that the current landowners are able to develop land in a manner that will be functional and pleasant into the future, and in a manner which is beneficial to the growth of Melbourne.

How does the Amendment address any environmental, social and economic effects?

Environmental impacts

Development of the land following the amendment will alter the existing farming landscape of the precinct by changing stormwater flows, increasing the urban population, increasing traffic flows and bringing housing closer to bushfire threats. Furthermore, development will allow sensitive land uses near major roads and where historical farming practices have left localised incidents of pollution.

All of these matters are mitigated through the proposed amendment to facilitate productive, pleasant and safe new suburbs. In particular:

Land is set aside specifically to cater for retardation of water in heavy storms to avoid flooding, while stormwater itself is to be treated to a quality fit for return to the natural watercourse. This system has been sensitively designed to avoid erosion impacts on the sensitive waterways.
The Redstone Hill Major Town Centre has been strategically placed centrally within the precinct to increase accessibility from all areas within the precinct and beyond Sunbury Road. The Harpers Creek Local Town Centre has been located in proximity to the Sunbury South Railway Station to provide improved accessibility to this centre via public transport.
A gas pipeline easement traverses the precinct in the west, within the rail corridor. The gas pipeline requires a pipeline protection area (“measurement length”) either side of these easements and will require a construction management plan to be submitted with an application within the easement to control methods for buildings and works, including demolition. Sensitive land uses have been placed outside of the measurement length insofar as practicable, and notice will be given to the pipleline licensee for applications to accommodate sensitive land uses within the measurement length.
A requirement has been included within the UGZ9 for applications for subdivision and sensitive uses in proximity to the rail line to provide an acoustic assessment as part of the application.
A transmission easement abuts the south-eastern boundary of the precinct, and another traverses the precinct from Harker Street to Sunbury Road. These will be rezoned Special Use Zone Schedule 9 to allow for appropriate land uses to be accommodated within the easement to maximise the use of this land, subject to the approval of AusNet services.
An existing quarry is operating in the east of the precinct and will remain within the Special Use Zone 1 for the duration of its operation. The employment area within the PSP has been strategically located adjacent to the quarrying activities to provide an appropriate buffer from these land uses. A referral for applications within this buffer area will be required via the UGZ9 and Clause 66.04 of the Hume Planning Scheme.
An existing landfill is operating within the quarry site, and has been provided with a 500m Landfill Buffer, in which development cannot proceed without a Risk Assessment or a 53V Audit which demonstrates that the risk of landfill gas migration has been mitigated, and an Odour Risk Assessment which demonstrates that the site is suitable for odour sensitive land uses.
An existing green waste composting facility is located in the south east of the precinct, within the quarry site. An odour buffer of 1.3km has been provided to this facility, which is subject to further refinement following the finalisation of odour testing which is being undertaken. Odour sensitive land uses will not be able to develop within the odour buffer unless it can be demonstrated through an Odour Risk Assessment that the site is suitable for odour sensitive land uses.
A Land Capability Assessment has been carried out for the land to determine any contamination potential. The assessment identified areas subject to historical localised storage of fuels and other activities associated with farming of the land and generally displayed a low contamination potential. Further work is required for some properties with higher potential for contamination. The amendment (via the UGZ9 and PSP) requires further investigation and remediation for the identified land prior to use for a sensitive purpose such as residential, child care centres and education facilities. Further detail on this matter is provided later in this report.
The environmental values of the sensitive Jacksons Creek and Emu Creek environs will be protected through the application and retention of the RCZ and ESO10. The Sunbury South Precinct Structure Plan contains further guidance as to the protection of these features, which will be enacted through the application of the IPO3.
Land identified as having ‘Landscape Values’ has been protected through the PSP through the retention and, where required, application of the RCZ. The provisions within the PSP provides for further protection of these areas.

Social and economic effects

There remains a significant demand for housing in this part of Melbourne. Provision for new residential land supply will improve affordability and choice for homebuyers and investors.

The amendment intends to allow for the delivery of an average dwelling density of 15 dwellings per hectare and has assisted with the planning for facilities for future and current residents within the precinct and surrounding communities. The level and quantity of existing and planned urban amenities represents significant public and private investment in development that will support a strong urban community.

Proposed social infrastructure items include:

At least 25,000 square metres of retail and commercial floor space in the Redstone Hill Major Town Centre
At least 5,000 square metres of retail and commercial floor space in the Harpers Creek Local Town Centre
Approximately 45 hectares of industrial land, serviced by a Local Convenience Centre.
A centrally located Local Convenience Centre
A precinct zoned for mixed use development
Five schools
Local parks
Provision for four new sporting reserves
Bus capable roads

The precinct is likely to be substantially developed within 25-40 years.

The amendment will provide a broad range of lot sizes to be provided at the time of subdivision so as to maximise opportunities for a community with a diverse range of household size, type and income levels.

Providing for new population growth in the Sunbury South precinct will add to the economic well-being of the broader community as well as provide greater opportunities to existing residents of nearby suburbs. Increases in demand for goods and services will translate into more local jobs and economic activity.

The delivery of a major town centre will provide the population of Sunbury South with a centralised area for retail and commercial opportunities. The Harpers Creek Local Town Centre will service the population in the west of the precinct and beyond. The designated employment area is intended to develop as a district industrial estate, assisting in creating employment opportunities for the local population.

Additional opportunities for recreation and social groups will emerge as a result of the provision of new public outdoor spaces, new community facilities and town centres.

New public and private sector investment will be significantly boosted in the immediate and surrounding area.

Does the Amendment address relevant bushfire risk?

The amendment implements specific requirements in the UGZ schedule to manage grassland bushfire risks associated with conservation areas and surrounding non-urban areas, in accordance with Clause 13.05 of the Hume Planning Scheme. These provisions accord with the views of the CFA, integrate with the building regulations and substitute the standard bushfire risk management provisions in a manner suitable to an area transitioning from rural to urban land uses.

The land is nominated as a Bushfire Prone Area under r.10 of the Building Regulations 2006, requiring minimum fire protection standards in home construction.

The PSP also identifies a Fire Threat Edge to areas adjacent to conservation areas which pose a more significant bushfire risk. A requirement has been included in the UGZ schedule to ensure that any subdivision applications abutting this land must provide and respond to a bushfire assessment report.

Does the Amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

Direction No.1 – Potentially Contaminated Land

A Land Capability Assessment has been carried out for the precinct (prepared by Environmental Earth Sciences, July 2015). The assessment identified a number of potential sources of contamination within the precinct, derived from asbestos, agricultural activities, storage of fuels/chemicals, machinery storage and maintenance and mining activities.

The report identified three properties (one of which is only partially affected) with a high potential for contamination, and a further 10 properties were identified as having a moderate risk. Rather than require the amendment to place an Environmental Audio Overlay on these properties, it is considered that further work be required to identify the source and extent of contamination. Therefore a Phase 2 Environmental Site Assessment is required to be undertaken prior to the commencement of development for a sensitive land use. The UGZ9 will trigger this as part of a planning permit application.

A condition in the UGZ9 will require any recommendations of the Phase 2 reports to be implemented.

Direction No. 9 – Metropolitan Strategy

The amendment implements the growth area elements of the Metropolitan Strategy. The amendment provides for fully serviced new urban neighbourhoods in a designated growth area.

Initiative 1.2.3 Plan for Commercial land and Activity Centre needs

The Sunbury South precinct will deliver a mix of commercial land as well as industrial and light industrial land. Commercial 1 zoned land will be provided within the major town centre, local town centre and the proposed local convenience centre. The precinct will provide competitive commercial land values ensuring Melbourne’s competitive commercial market is maintained and providing opportunities for viable local employment.

The proposed town centres will service the proposed local population and some neighbouring existing local population. The proposed centres will not compete with the higher order town centre of Sunbury.

Initiative 1.3.3 Recognise and protect natural resource extraction

The precinct protects the existing and future quarry operations through the implementation of a buffer in accordance with the EPA document Recommended Separation Distances for Industrial Residual Air Emissions guidelines (2013), and Section 52.10 of the Hume Planning Scheme.

Initiative 1.5.3 Support the planning of other activity centres

A new major town centre and new local town centre are planned within the precinct, which will be complemented by a local convenience centre, and two mixed use areas.

The town centres within the precinct have been considered with respect to the hierarchy of surrounding town centres in Sunbury and the proposed retail floor space will not undermine the role and function of these centres.

Initiative 1.5.4 Accelerate investment in Melbourne’s outer areas to increase local access to employment

The amendment will result in investment and job generation in a growth area. The major town centre will provide the population of Sunbury South with a centralised area for retail and commercial opportunities, whilst the Harpers Creek Local Town Centre will service the population in the west of the precinct and beyond. The designated employment area will comprise a district industrial estate, catering for the local population. Additional employment will be provided in the Vineyard Road Employment and Commercial area, along with an area nominated for light industrial development adjacent Sunbury Road.

Initiative 2.1.1 Apply the reformed residential zones

The amendment proposes to implement the applied General Residential Zone and applied Residential Growth Zone to residential land within the Sunbury South precinct. The provisions of the PSP identify areas which are suitable for medium and higher density residential development, including within the walkable catchment of town centres, public facilities and public transport nodes, which are to have the Residential Growth Zone applied. The remainder of residential land will be subject to the applied General Residential Zone.

The amendment introduces the Residential Growth Zone into the Hume Planning Scheme.

Initiative 2.1.4 Develop more diverse housing in growth areas

The PSP requires subdivision to provide a range of lot sizes capable of accommodating a wide range of housing types.

Initiative 2.2.3 Deliver housing close to jobs and transport

The Future Urban Structure plan (Plan 3) within the PSP identifies the opportunity for medium and higher density housing opportunities within proximity to town centres and transport nodes. Wherever possible, large land uses which do not allow for housing have been located outside of the primary walkable catchment for these uses.

Initiative 2.2.4 Increase housing choice within walkable distance of railway stations in the growth areas

The provisions of the PSP encourage higher density housing to be developed in proximity to the proposed Sunbury South Railway Station.

The small lot housing code can be applied in this precinct through a provision within the UGZ9.

Initiative 3.3.1 Improve roads in growth areas and outer suburbs

The amendment clearly defines a new road network that builds on the existing roads in the area. The network responds to local conditions and allows for suitable links into surrounding neighbourhoods to the west and north.

The PSP will provide for an important link across the Jacksons Creek, which will form part of an ultimate Sunbury Ring Road. The creek crossing will greatly improve connectivity from east to west within the township, and provide a critical link back onto the Calder Freeway to areas in the east of Sunbury.

Initiative 3.3.2 Improve outer-suburban rail and bus networks

The amendment provides for bus-capable roads serving the precinct. Development of the area will generate additional patronage demand that will feed into improved bus services in the area.

The future development of the Sunbury South Railway Station will provide additional public transport services and linkages for the precinct.

Initiative 4.1.1 Support a network of vibrant neighbourhood centres

The precinct will comprise the Redstone Hill Major Town Centre, Harpers Creek Local Town Centre and two proposed local convenience centres. These centres will play a complementary role to the Sunbury Principal Town Centre, existing local centre within the Goonawarra community and two proposed local town centres within the Lancefield Road Precinct Structure Plan.

The Redstone Hill Major Town Centre has been planned to provide for up to 25,000 square metres of retail and commercial space. It is a central component to the Sunbury South precinct, and will service new growth areas to the east and south of Sunbury, particularly those communities east of the Jacksons Creek. It will be an important destination for sub-regional retail, commercial, employment and community services, second only within the Sunbury Growth Corridor to the established Sunbury Principal Town Centre.

The Harpers Creek Local Town Centre is planned for the western part of the precinct, south of the existing Jacksons Hill neighbourhood and proximate to the potential future Sunbury South Railway Station. This centre has been planned to provide for up to 5,000sqm of retail, and will be co-located with future community uses, including a multi-purpose community centre, and a government primary school.

Initiative 4.1.2 Support local governments to plan and manage their neighbourhoods

The amendment demonstrates planning for a local community through provision of the range of land uses and facilities that a residential community are likely to need on a daily and weekly basis.

Initiative 4.3.1 Implement design guidelines to promote walking and cycling neighbourhoods for healthy living

The amendment requires new development to deliver a planned pedestrian and cycle network that provides safe and direct access through the precinct and to the major and local town centres. Walking and cycling paths must also be integrated into roads designed primarily for vehicle use.

Initiative 4.4.2 A coordinated approach to the delivery of education, health, recreation and cultural facilities

Public and private schools and community centres are co-located wherever possible to increase opportunities for these uses to share land and services. Schools have been located on connector streets to provide good access without the noise and traffic disruption associated with primary arterial roads.

Initiative 4.5.2 Provide new neighbourhood parks and open space

The amendment sets aside 6.78% of the precinct’s developable land for local parks and sporting reserves. Local parks are located within reasonable walking distance of all planned residential areas.

Initiative 4.6.2 Develop Melbourne’s network of boulevards

Sunbury Road and Vineyard Road are to be developed with attractive ‘boulevard’ outcomes as not only key components of the movement network within the precinct, but as the two key gateways to the Sunbury Growth Area. These boulevards will contribute to a sense of place within the precinct, and contribute to the network of boulevards across Melbourne.

Initiative 5.1.2 Ensure settlement planning in growth areas and peri-urban regions responds to natural hazards

The precinct is within the Bushfire Prone Area as discussed elsewhere in this report. All developable land is located out of areas that are known to flood. The planned road network will facilitate numerous land use configurations over time allowing flexibility for the suburbs to grow and change.

Initiative 5.2.1 Increase the protection and restoration of biodiversity areas

The precinct includes Conservation Area 21 as defined in the Biodiversity Conservation Strategy for Melbourne’s Growth Corridors (BCS) and contains the Growling Grass Frog. The BCS allows for the conservation boundaries to be refined as part of the precinct structure plan, and minor refinements are being proposed however are subject to approval by DELWP and / or the Commonwealth Government. The conservation areas will be protected through the use of the Rural Conservation Zone. An Incorporated Plan Overlay will trigger the incorporated PSP in these Rural Conservation Zone areas.

Initiative 5.2.2 Protect the values of our waterways

All developable land is located out of areas that are known to flood. An appropriate drainage scheme will be implemented for the precinct to divert stormwater to natural wetlands and retarding basins. The drainage scheme is complex due to the undulating terrain of the precinct, and has been designed to protect the erosive escarpments of the waterways.

Water Sensitive Urban Design measures within developments will ensure stormwater itself is treated to a quality fit for return to the natural watercourse.

The Urban Floodway Zone is being retained where it currently applies within the precinct.

Initiative 5.4.1 Integrate noise and air quality guidelines into land-use and transport planning provisions

The road network and layout of land uses aims where practicable to shield residential uses from significant noise sources. The UGZ9 will include a specific provision relating to land adjacent to the rail corridor, to reflect the need for additional acoustic assessment of sensitive and residential land uses within 100m of the railway corridor where residential land will abut.

Initiative 7.3.1 Increase the productivity of the Victorian economy by improving the utilisation of existing and proposed state infrastructure

The area is planned around the existing arterial roads of Sunbury Road and Calder Freeway, which provide the key connection between the Sunbury township and the City of Melbourne.

The provision of the Sunbury South Railway Station will provide the precinct with high-capacity public transport services to service the area in the future.

Initiative 7.4.1 Reform development contributions

The essential infrastructure required to deliver the Sunbury South Precinct Structure Plan will be funded through an Infrastructure Contributions Plan under the reformed development contributions system.

Direction No.11 Strategic assessment of amendments

This Direction seeks to ensure a comprehensive strategic evaluation of a planning scheme amendment. This Explanatory Report addresses the requirements outlined in this direction.

Direction No. 12 Urban Growth Areas

Part 6 of Ministerial Direction 12 requires that when preparing an amendment to introduce or change provisions in a schedule to the UGZ, a planning authority must evaluate and include in the explanatory report a discussion about:

How the amendment implements any Growth Areas Framework Plan applying to the land

The Sunbury / Diggers Rest Growth Corridor Plan (Sunbury / Diggers Rest GCP) applies to the land. The Sunbury / Diggers Rest GCP identifies land within the Sunbury South precinct as largely residential land uses, with an industrial precinct adjacent the existing quarry. Large areas of land along the waterways of Jacksons and Emu Creeks are set aside for biodiversity values.

The Sunbury / Diggers Rest GCP notes a number of potential features within the Sunbury South Precinct, identifying the potential for review of the RCZ boundaries at Precinct Structure Planning stage and a creek crossing of Jacksons Creek as ‘under investigation’. The PSP has sought to resolve these issues by redefining the boundary of the RCZ to reflect the biodiversity values identified within the Biodiversity Conservation Strategy for Melbourne’s Growth Areas, and nominating a preferred creek crossing location.

The Craiglee Winery site, which sits directly north of the Sunbury South precinct, is nominated within the Sunbury / Diggers Rest GCP as having potential for expanded tourism and commercial activities. A Special Use Zone (SUZ10) has been prepared as part of this amendment to allow for additional tourism-related uses to occur on the site in conjunction with the winery function.

How does the amendment accord with the Precinct Structure Planning Guidelines?

Objective one: To establish a sense of place and community

The amendment will provide for a self-sustaining community, defined by a series of town centres, meeting places and green spaces for conservation and recreation. The amendment responds to the striking natural features of the precinct, including the twin creek corridors and associated valleys, nationally significant conservation areas and cultural heritage elements into the future urban structure. The PSP will deliver a range of lot sizes to increase housing choice and diversity for future residents as well as provide a robust road network to facilitate efficient movement throughout the precinct for vehicles and provide a framework to link to off-street walkways and cycle paths and accommodate public transport.

Objective two: To create greater housing choice, diversity and affordable places to live

Provisions in the PSP deliver a comprehensive guide to delivering diversity that does not rely on a mono-cultural divide of ‘conventional density’ and ‘medium density’ but provides for outcomes that produce a range of densities across the area. This allows for increased choice to homebuilders and purchasers to build a house of the size they want in the location they want whilst meeting policy goals seeking higher dwelling densities in growth areas.

The use of the Small Lot Housing Code, incorporated into the Hume Planning Scheme, will give developers the ability to provide diverse housing options promptly and within required design guidelines.

The provision of local facilities and access to the future bus network and future Sunbury South Railway Station will contribute to the affordability of the precinct and encourage reduced reliance on the private vehicle.

Objective three: To create highly accessible and vibrant activity centres

The precinct comprises a major town centre, local town centre and two local convenience centres which are strategically located to serve their respective catchments. The accessibility of the Redstone Hill Major Town Centre from Sunbury Road and the location of the Harpers Creek Local Town Centre adjacent to the future Sunbury South Railway Station will result in centres which are highly accessible via public transport, as well as being connected to the broader community through walking and cycle paths. Both centres will be appropriately located on the connector road network, maximising their exposure.

Higher density residential development will be encouraged in proximity to the centres.

Objective four: To provide for local employment and business activity

Employment and business activity in the precinct are focused on retailing and commercial uses within the major and local town centres, employment precinct (industrial), employment & commercial area and light industrial area. Home based businesses will also provide local employment opportunity.

In addition to precinct based employment opportunities, the precinct has good access to planned employment in the region, as well as at nearby large employment areas including Melbourne Airport.

Objective five: To provide better transport choices

The PSP formalises road connections through the precinct and beyond into adjoining PSP areas. The Sunbury / Diggers Rest GCP shows Sunbury Road and Vineyard Road as part of the Principal Public Transport Network (PPTN). The future Sunbury South Railway Station is acknowledged as having metropolitan demand.

The cycle and walking trail network is deliberately aimed at providing access to key local destinations including the local town centres and schools, but also provides direct routes to the creek corridors and open space.

Objective six: To respond to climate change and increased environmental sustainability

All of the elements planned for the precinct, as described in response to objectives above and below, have sustainability built into their design. They provide for:

Reduced travel times to key services and multiple mode and route options for travel including by means other than private car mode.
Management of natural systems, and the effects of development on natural systems, so as to minimise or offset detriment to those systems.
Efficient use of land for multiple purposes where practicable.
Enhancement of biodiversity values and setting aside of land for open space.

Objective seven: To deliver accessible, integrated and adaptable community infrastructure

Community facility hubs including community health and education centres, schools and sporting reserves are co-located to provide opportunities for more efficient use of land and vibrant public spaces.

The proposed connector roads, cycling and shared trails within the precinct will provide excellent access to these community hubs.

How the provisions give effect to the intended outcomes of the precinct structure plan

Most provisions in the incorporated documents and associated ordinance are designed to be implemented at the subdivision development stage. At this point, requirements and guidelines are either designed into subdivision plans (e.g. spatial outcomes), implemented through permit conditions (e.g. infrastructure and biodiversity contributions), implemented through referral authority agreements (e.g. essential services) or required to be applied as restrictions on title (e.g. bushfire protection, small lot housing code).

This provides for single permission after approval of the PSP and is central to providing certainty and clarity in the planning process.

Additionally, applied zones that follow the pattern of development rather than lead it allow flexibility when the PSP is implemented through the detail of subdivision and land use layouts.

The PSP will be the guiding document for neighbourhood development and will direct medium and higher density development to appropriate areas, such as within the walkable catchment of town centres and key public transport nodes. The Residential Growth Zone will be applied to these areas, whilst the General Residential Zone will be applied more generally across the precinct. The applied Commercial 1 Zone, complemented by as-of-right floor space limits in the UGZ Schedule, will allow for competitive development of growth area centres.

The application of the Industrial 1 Zone to the Employment Precinct will facilitate the development of industrial land uses in one of the few relatively large areas suitable for this type of development within the Sunbury / Diggers Rest GCP.

How a translation of the provisions can be achieved, once development anticipated by the precinct structure plan is substantially complete.

As discussed above, most outcomes will be delivered through subdivision permits prior to translation of the PSP to standard provision. Subdivision permits will implement most of the non-standard provisions.

An assessment of how development has proceeded and where public land uses have been established closer to the time of translation will provide a better guide to where zone boundaries should be settled.

Other than the UGZ Schedule, standard provisions are used to implement the plan including native vegetation management and exemptions through Clause 52.17. These will stay in place until all relevant contributions are collected and native vegetation is securely managed or offset.

S46m(1) – Direction on Development Contributions Plan

This direction seeks to direct planning authorities in relation to the preparation and content of a development contributions plan. The Victorian Government has recently passed new legislation to introduce a simpler system for funding local infrastructure, referred to as an Infrastructure Contributions Plan (ICP), which will replace the need for a Development Contributions Plan for this precinct.

The new system came into effect in October 2016. The ICP rate has been determined by the Minister for Planning and formalised through a Ministerial Direction.

S46GF and 46GM – Direction on the Preparation and Content of Infrastructure Contributions Plans

The purpose of this Direction is to direct planning authorities in relation to the preparation and content of infrastructure contributions plans.

An ICP for the Sunbury South precinct will be implemented at a later stage and in accordance with this Ministerial Direction. A plan detailing the necessary infrastructure items to serve the precinct is included in the PSP. The ICP sets a standard rate paid per developable hectare.

How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy?

The amendment represents an integrated decision making process that balances the conflicting objectives of the relevant State planning policies as follows:

Clauses 11.01 Activity centres, 11.02 Urban growth, 11.03 Open space – The amendment incorporates a PSP which sets out an orderly structure for development of the precinct including the location and function of town centres taking into account the existing and planned network of centres in the region. The amendment will bring appropriately zoned land supply to the market for housing and employment, provide land with good proximity to existing and planned amenities and services, and infrastructure.
Clause 12.01 Biodiversity – Offsets for vegetation removal and habitat areas for nationally and state significant species will be provided in accordance with the Commonwealth EPBC Act approval for urban development in Melbourne’s Growth Areas. The amendment reinforces existing protection of land for the ongoing conservation and enhancement of the nature conservation areas.
Clause 16.01 Residential development – Housing in the precinct will be fully serviced. New residents will have access to existing services and employment opportunities in the community and in adjacent developed neighbourhoods and through provision of new infrastructure in the precinct. The PSP sets out a range of housing densities that can be accommodated in the precinct.
Clause 17.01 Commercial – The PSP designates a major and a local town centre, which will comprise a mix of retail and commercial floor space. The precinct is well located to access the new Major Town Centre at Redstone Hill and the existing Principal Town Centre in Sunbury.
Clause 18.01 Integrated transport, 18.02 Movement networks – The proposed road network provides a robust structure for traffic and transport movement within and through the precinct. The network provides for the reinforcement of the established arterial road network within Sunbury, and support of the logical extension of the local road network, including provision for a crossing of Jacksons Creek. Rail transport is proposed to be provided at the future Sunbury South Railway Station.
Clause 19.02 Community infrastructure, 19.03 Development infrastructure - An infrastructure contributions plan will be prepared for the precinct. This amendment will provide the strategic basis for that plan including roads, intersections and community facilities. Water, sewer and drainage services are readily connectable from adjacent development into the precinct.

How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

The amendment accords with the following elements of the Municipal Strategic Statement and LPPF:

Clause 21.02 Community Wellbeing – The PSP will provide for a diversity in housing typology and density. It will deliver urban growth that is cost effective, orderly and achieves the greatest social benefits to the community, without diminishing the unique character and identity of the local environment.

Clause 21.03 Economy – The PSP will provide for employment opportunities within a new employment precinct (industrial), major town centre, a local town centre, employment and commercial area, light industrial area and two local convenience centres. These will assist in meeting the needs of a growing residential population.

Clause 21.04 Infrastructure – The PSP and future ICP will ensure the planned and timely provision of infrastructure to the new communities. The PSP nominates the arterial and connector road network, incorporating bus capable roads, along with a railway station and a well-connected network of bicycle and pedestrian paths.

Clause 21.05 Natural Environment and Built Environment – The PSP aims to protect and enhance biodiversity conservation areas and native vegetation through the appropriate zoning controls and outlining interface treatments to sensitive areas. Natural waterways are protected by encouraging integrated water management systems and water sensitive urban design treatments throughout the precinct. The PSP incorporates measures to protect the striking visual landscapes of the Jacksons and Emu Creek corridors, as well as Redstone Hill.

Clause 21.06 Local Areas – This clause incorporates a structure plan for the township of Sunbury and surrounds which was prepared prior to the revision to the Urban Growth Boundary which included the land subject to the Sunbury South Precinct Structure Plan. Irrespective, the PSP responds to the character, environment, housing, density and economic strategies set out in this clause.

Clause 21.07 Activity Centres and Retailing – The PSP will facilitate the provision of a new major town centre and a new local town centre, providing new and existing residential neighbourhoods with local services whilst maintaining the Sunbury Town Centre as the primary hub in the area. The PSP provisions provide for the creation of attractive and accessible mixed use activity centres.

Clause 21.08 Particular Uses and Development – The PSP will protect and enhance the unique landscape qualities and features of Redstone Hill and the Emu Creek and Jacksons Creek corridors, and seek to create neighbourhoods which have their own unique identity and character. The PSP contains a number of provisions relating to design and built form.

Clause 22.11 Neighbourhood Shopping Centres Local Policy – The PSP makes provision for two local convenience centres and includes requirements and guidelines which will ensure that the convenience centres are developed to a high standard with minimal amenity impacts on adjacent development as per the Neighbourhood Shopping Centres Local Policy.

Does the Amendment make proper use of the Victoria Planning Provisions?

The amendment meets the form and content requirements of the Victoria Planning Provisions. Importantly, the application of the UGZ is considered an appropriate tool to apply a suite of Victoria Planning Provision zones to guide future use and development of the site through the specification of conditions and requirements for permits. The use of the Rural Conservation Zone for conservation areas and areas with regionally significant landscape values is considered the appropriate tool to manage and enhance biodiversity and protect significant landscapes. The existing Special Use Zone – Schedule 1 is considered the appropriate zone for the continued operation of the quarry, and the Urban Floodway Zone will continue to prevent inappropriate development within flood prone areas. The Holden Flora Reserve will retain its Public Conservation and Resource Zone, as this is considered to appropriately protect the environmental values of the site.

How does the Amendment address the views of any relevant agency?

The amendment and the Sunbury South Precinct Structure Plan has been prepared in collaboration with the City of Hume and in consultation with affected agencies. Amongst others, key relevant agencies include Department of Environment, Land, Water and Planning, Public Transport Victoria, VicRoads, Melbourne Water, Department of Education and Training, Department of Economic Development, Jobs, Transport and Resources, Parks Victoria, Office of Aboriginal Affairs Victoria (including the Wurundjeri), Western Water and the Country Fire Authority.

Does the Amendment address relevant requirements of the Transport Integration Act 2010?

The amendment is likely to have a significant impact on the transport system at a local level. It will require upgrades to nearby parts of the regional road network and will allow the creation of a new local road network that will set the future pattern of development in the precinct. It will contribute to the development of the bus network in the area.

The proposed additions and changes to the existing transport system in and adjacent to the precinct will meet the transport system objectives by:

Providing for an interconnected road system that responds to the likely level of use generated by the precinct and hence facilitating investment in housing and local retail services in the area.
Enabling efficient access to existing and planned employment and services in and around the local area and region through connections to the nearby arterial road network and planned extensions to bus services.
Provision of an east-west link across the Jacksons Creek as part of a future Sunbury Ring Road. This road will provide a critical connection between the eastern areas of Sunbury and the Calder Freeway.
Ensuring the road network minimises impacts on the site’s topography, native vegetation and water flow regimes.
Providing locally based sports and recreational facilities to reduce the need for extended travel.
Designing roads that are of a suitable scale and compatible with the expected travel demand and that provide a suitable scale and impact in relation to likely adjoining development.
Providing infrastructure through an infrastructure contributions plan as sufficient demand for the relevant infrastructure item arises and providing the opportunity for the efficient construction of items concurrent with subdivisional development.
Integrating the construction of bus stop facilities with the development process to minimise construction costs and provide the opportunity to optimise the location of bus stops and design of roads in relation to bus routes and associated facilities.
Integrating relevant government bodies involved in the provision of transport infrastructure and services in the decision making process of the amendment.

Resource and administrative costs

What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

The amendment will have minimum impact on the resources and administrative costs of the responsible authority. The incorporation of the PSP in the Hume Planning Scheme will facilitate the future orderly and proper planning of the area. In most cases a single subdivision permit will capture all of the development requirements for a particular site.

Further, the UGZ Schedule 9 has been structured in such a way that the ultimate translation to conventional Victoria Planning Provisions zones can occur in a timely and efficient manner once the land has been substantially developed.

Where you may inspect this Amendment

The Amendment is available for public inspection, free of charge, during office hours at the following places:

Victorian Planning Authority

Level 25

35 Collins Street

MELBOURNE VIC 3000

www.vpa.vic.gov.au
City of Hume

Hume City Council Hume City Council

Broadmeadows Office Sunbury Customer Service Centre

1079 Pascoe Vale Road 40 Macedon Street

BROADMEADOWS VIC 3047 SUNBURY VIC 3429
The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.

Submissions

Any person who may be affected by the Amendment may make a submission to the planning authority. Submissions about the Amendment must be received by Monday 6 February 2017.

A submission must be sent to:

Victorian Planning Authority

Level 25, 35 Collins Street

MELBOURNE VIC 3000

Or via email at: amendments@vpa.vic.gov.au

Panel hearing dates

In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing dates have been set for this amendment:

Directions hearing: early March 2017
Panel hearing: 26^th April 2017 onwards

EXHIBITION DRAFT – NOVEMBER 2016

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