Amendment C188

Yarra City Council has prepared Amendment C188 to the Yarra Planning Scheme.  

The amendment applies to 5-15 Mayfield Street, Abbotsford.

About the amendment
Documents to support the amendment
Make a submission
Background information
Contact us 

About the amendment 

Some of the units at 5-15 Mayfield Street are being used as dwellings, a use that is not allowed under the Industrial 3 Zone that applies to the land.

Council has undertaken detailed investigations over a number of years in order to find a resolution to this matter. Council is proposing Amendment C188 to the Yarra Planning Scheme, which seeks an exemption for the site to allow dwellings in the Industrial 3 Zone.  

The amendment proposes to allow the use of the land for ‘Dwelling’ as defined in the Yarra Planning Scheme. An Incorporated Document is proposed which restricts dwellings to the existing building and includes some requirements and time limits. The amendment will also apply an Environmental Audit Overlay to the site. This requires an environmental audit before a residential land use or associated buildings and works commence and requires that potential contamination from previous industrial use is addressed.

Amendment C188 is now on public exhibition. Submissions must be received by Friday 24 March 2017. 

Documents to support the amendment 

Make a submission

Amendment C188 is now on public exhibition and you are welcome to make a written submission to Council. 

Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make.

Submissions should be sent by:
Post - Strategic Planning c/o Yarra City Council, PO Box 168, Richmond 3121, Victoria  
Email StrategicPlanning@yarracity.vic.gov.au 

Submissions must be received by Friday 24 March 2017. 

Background information

How did the Amendment come about?

  • This is a commercial building which was not designed for residential use, however, the building contains residential units (dwellings). 
  • Dwellings are prohibited in the Industrial 3 Zone, in the Yarra Planning Scheme, which applies to the land Council commenced enforcement action in July 2013 when Council officers became aware of the residential use
  • Residents in a group called Mayfield Action Group applied for a rezoning to Mixed Use Zone in July 2014
  • Council formally considered this request in March 2015
  • A Council resolution 3 March 2015 was “to support an exemption in the Planning Scheme ‘to enable the premises at 5-15 Mayfield Street….to be used for the residential purposes using Clause 52.03 Specific Sites and Exclusions and including an Environmental Audit Overlay…’.”

Conditional authorisation by Minister for Planning

  • Council applied for authorisation of Amendment C188 by the Minister for Planning on 22 May 2015 (all amendments must be authorised before they can be released for public comment)
  • The authorisation request included an Incorporated Document, setting out the extent and nature of the exemption to allow ‘dwellings’
  • The Minister for Planning granted authorisation on 17 December 2015 subject to two conditions:
    • that Council finalises the further strategic planning review of the area as recommended by its Business and Industrial Land Strategy 2012 prior to exhibiting the amendment.
    • that Council give notice of the amendment to the Environmental Protection Authority Victoria (EPA) to assist Council in considering the effects of land contamination and of any impact the amendment may have on existing or future industrial development in the area.
  • Council asked for the first condition to be removed because of concerns it would unreasonably delay consideration of the amendment.
  • The Minister replied on 19 June 2016 declining to remove the condition but agreeing to ‘a more timely and short, localised assessment of the effect of the proposed planning provisions on the area and surrounding industrial land uses’.
  • On this basis Council commissioned Urbis to undertake a small scale, localised study to meet the Minister’s condition.
  • Urbis commenced work early in November 2016 and completed a report with the title ‘5-15 Mayfield Street, Abbotsford, Amendment C188 to the Yarra Planning Scheme, 25 January 2017’
  • The Urbis report identifies some issues which required minor changes to the Incorporated Document which details the exemption for dwellings and conditions limiting the extent of the exemption and the need for environmental audits

How does the Amendment allow residential use?

  • The Yarra Planning Scheme defines most residential uses, such as detached houses, flats and apartments as ‘dwellings’
  • The Amendment allows dwellings at 5-15 Mayfield Street, by adding a document with the title ‘5-15 Mayfield Street, Abbotsford, Incorporated Document, January 2017’ to the exemption provisions at Clause 52.03 of the Yarra Planning Scheme
  • This Incorporated Document does a number of things:
    • Allows dwellings in a zone which would otherwise prohibit a dwelling
    • Limits dwelling to ‘within the dimensions of the building’
    • Limits dwelling floor area with a requirement that the building floor area ‘must not be increased by the use dwelling.’
    • Includes a requirement for an environmental audit to be submitted to Council
    • Includes an expiry provision if the dwelling use ceases for more than 2 years

Why does the Amendment restrict dwellings to the existing building and limit floor area change?

  • The Council decision in March 2015 was to ‘to enable the premises at 5-15 Mayfield Street….to be used for the residential purposes…’.
  • This has been interpreted as allowing dwellings but not enabling a significant intensification of the use of the building or redevelopment of the building for residential purposes
  • The restrictions on floor space and limiting dwellings to the existing building are designed to prevent redevelopment, for example as an apartment building
  • These restrictions do not apply to commercial or industrial use of the building

Why is there an Environmental Audit Overlay?

  • An Environmental Audit Overlay is applied to the land by Amendment C188 because the land may be contaminated by previous commercial or industrial use
  • State Government planning policy requires that if land is to be used for a ‘sensitive use’ such as a dwelling, before that happens, an environmental audit must be completed which indicates the land is suitable for residential use
  • The Incorporated Document also includes a related requirement for environmental audit which is based on the same State planning policy

Next steps

  • It is anticipated that submissions will be considered by Councillors at a Council Meeting in early May 2017.
  • A Panel hearing, to consider submissions (if required) is likely to take place in late June or early July
  • Council would then consider adopting the Amendment, with or without changes, in spring 2017.
  • The amendment would then be submitted to the Minister for Planning for final approval. There is no set time limit for the Minister to make a decision on the amendment.

Contact us

If you have any questions about this amendment, please contact:
Peter Mollison
Senior Strategic Planner
9205 5023
Peter.Mollison@yarracity.vic.gov.au

How did the Amendment come about?

<!--[if !supportLists]-->•               <!--[endif]--><!--[if !supportAnnotations]-->[MJ1]<!--[endif]--> This is a commercial building which was not designed for residential use, however, the building is contains residential units (dwellings). 

<!--[if !supportLists]-->•               <!--[endif]-->Dwellings are prohibited in the Industrial 3 Zone, in the Yarra Planning Scheme, which applies to the landCouncil commenced enforcement action in July 2013 when Council officers became aware of the residential use

<!--[if !supportLists]-->•               <!--[endif]-->Residents in a group called Mayfield Action Group applied for a rezoning to Mixed Use Zone in July 2014

<!--[if !supportLists]-->•               <!--[endif]-->Council formally considered this request March 2015

<!--[if !supportLists]-->•               <!--[endif]-->A Council resolution 3 March 2015 was “to support an exemption in the Planning Scheme ‘to enable the premises at 5-15 Mayfield Street….to be used for the residential purposes using Clause 52.03 Specific Sites and Exclusions and including an Environmental Audit Overlay…’.”

Conditional authorisation by Minister for Planning

<!--[if !supportLists]-->•               <!--[endif]-->Council applied for authorisation of Amendment C188 by the Minister for Planning on 22 May 2015 (all amendments must be authorised before they can be released for public comment)

<!--[if !supportLists]-->•               <!--[endif]-->The authorisation request included an Incorporated Document,<!--[if !supportAnnotations]-->[MJ2]<!--[endif]-->  setting out the extent and nature of the exemption to allow ‘dwellings’

<!--[if !supportLists]-->•               <!--[endif]-->The Minister for Planning granted authorisation 17 December 2015 subject to two conditions:

<!--[if !supportLists]-->§  <!--[endif]-->that Council finalises the further strategic planning review of the area as recommended by its Business and Industrial Land Strategy 2012 prior to exhibiting the amendment.

<!--[if !supportLists]-->§  <!--[endif]-->that Council give notice of the amendment to the Environmental Protection Authority Victoria (EPA) to assist Council in considering the effects of land contamination and of any impact the amendment may have on existing or future industrial development in the area.

<!--[if !supportLists]-->•               <!--[endif]-->Council asked for the first condition to be removed because of concerns it would unreasonably delay consideration of the amendment. 

<!--[if !supportLists]-->•               <!--[endif]-->The Minister replied on 19 June 2016 declining to remove the condition but agreeing to ‘a more timely and short, localised assessment of the effect of the proposed planning provisions on the area and surrounding industrial land uses’. 

Strategic assessment report by Urbis for Yarra City Council

<!--[if !supportLists]-->•               <!--[endif]-->On this basis Council commissioned Urbis to undertake a small scale, localised study to meet the Minister’s condition.

<!--[if !supportLists]-->•               <!--[endif]-->Urbis commenced work early November 2016 and completed a report with the title 5-15 Mayfield Street, Abbotsford, Amendment C188 to the Yarra Planning Scheme, 25 January 2017’<!--[if !supportAnnotations]-->[MJ3]<!--[endif]--> <!--[if !supportAnnotations]-->[MP4]<!--[endif]-->  

<!--[if !supportLists]-->•               <!--[endif]-->The Urbis report identifies some issues which required minor changes to the Incorporated Document which details the exemption for dwellings and conditions limiting the extent of the exemption and the need for environmental audits

What does the Amendment allow?

How does the Amendment allow residential use?

<!--[if !supportLists]-->•               <!--[endif]-->The Yarra Planning Scheme defines most residential uses, such as detached houses, flats and apartments as ‘dwellings’

<!--[if !supportLists]-->•               <!--[endif]-->The Amendment allows dwellings at 5-15 Mayfield Street, by adding a document with the title ‘5-15 Mayfield Street, Abbotsford, Incorporated Document, January 2017’ to the exemption provisions at Clause 52.03 of the Yarra Planning Scheme

<!--[if !supportLists]-->•               <!--[endif]-->This Incorporated Document does a number of things:

<!--[if !supportLists]-->o   <!--[endif]-->Allows dwellings in a zone which would otherwise prohibit a dwelling

<!--[if !supportLists]-->o   <!--[endif]-->Limits dwelling to ‘within the dimensions of the building’<!--[if !supportAnnotations]-->[VdHF5]<!--[endif]-->  

<!--[if !supportLists]-->o   <!--[endif]-->Limits dwelling floor area with a requirement that the building floor area ‘must not be increased by the use dwelling.’

<!--[if !supportLists]-->o   <!--[endif]-->Includes a requirement for an environmental audit to be submitted to Council

<!--[if !supportLists]-->o   <!--[endif]-->Includes an expiry provision if the dwelling use ceases for more than 2 years

Why does the Amendment restrict dwellings to the existing building and limit floor area change?

<!--[if !supportLists]-->•               <!--[endif]-->The Council decision in March 2015 was to ‘to enable the premises at 5-15 Mayfield Street….to be used for the residential purposes…’.

<!--[if !supportLists]-->•               <!--[endif]-->This has been interpreted as allowing dwellings but not enabling a significant intensification of the use of the building or redevelopment of the building for residential purposes

<!--[if !supportLists]-->•               <!--[endif]-->The restrictions on floor space and limiting dwellings to the existing building are designed to prevent redevelopment, for example as an apartment building

<!--[if !supportLists]-->•               <!--[endif]-->These restrictions do not apply to commercial or industrial use of the building

Why is there an Environmental Audit Overlay?

<!--[if !supportLists]-->•               <!--[endif]-->An Environmental Audit Overlay is applied to the land by Amendment C188 because the land may be contaminated by previous commercial or industrial use

<!--[if !supportLists]-->•               <!--[endif]-->State Government planning policy requires that if land is to be used for a ‘sensitive use’ such as a dwelling, before that happens, an environmental audit must be completed which indicates the land is suitable for residential use

<!--[if !supportLists]-->•               <!--[endif]-->The Incorporated Document also includes a related requirement for environmental audit which is based on the same State planning policy

Next steps

<!--[if !supportLists]-->•               <!--[endif]-->It is anticipated that submissions will be considered by Councillors at a Council Meeting in early May 2017.

<!--[if !supportLists]-->•               <!--[endif]-->A Panel hearing, to consider submissions (if required) is likely to take place in late June or early July

<!--[if !supportLists]-->•               <!--[endif]-->Council would then consider adopting the Amendment, with or without changes, in early mid-late 2017.

<!--[if !supportLists]-->•               <!--[endif]-->The amendment would then be submitted to the Minister for Planning for final approval. There is no set time limit for the Minister to make a decision on the amendment.

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 <!--[if !supportAnnotations]-->[MJ1]<!--[endif]-->These points are already covered in the intro on the website

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 <!--[if !supportAnnotations]-->[MJ2]<!--[endif]-->What resolution?

Suggest deleting these words  - agree              PM

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 <!--[if !supportAnnotations]-->[MJ3]<!--[endif]-->Are we providing  a copy of this report?

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 <!--[if !supportAnnotations]-->[MP4]<!--[endif]-->Yes it is the Urbis Report 25-1-17

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 <!--[if !supportAnnotations]-->[VdHF5]<!--[endif]-->Peter - Check the wording for all these dot points based on the final document to be exhibited

 

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