Appendix A: List of recommended planning scheme changes Clause in planning scheme Melbourne planning scheme Port Phillip planning scheme 21 Municipal Strategic Statement Amend various clauses as proposed in the Part C controls, with any consequential changes also made Make the changes set out in Section 1(iii) of this Report Amend various clauses as proposed in the Part C controls, but with any consequential changes also made Make the changes set out in Section 1(iii) of this Report 22 Local Policy Replace the Policy at Clause 22.27 with a new policy ‘Fishermans Bend Urban Renewal Area’ as presented in Appendix B Replace the Policy at Clause 22.15 with a new policy ‘Fishermans Bend Urban Renewal Area’ as presented in Appendix B 37.04 Capital City Zone Replace Schedule 4 with a new Schedule 4 as presented in Appendix B Replace Schedule 1 with a new Schedule 1 as presented in Appendix B 42.01 Environmental Significance Overlay Amend Environmental Significance Overlay 1 as proposed in the draft Amendment 43.02 Design and Development Overlay Replace Schedule 67 with a new schedule as presented in Appendix B Replace Schedule 30 to Clause 43.02, Design and Development Overlay with three new precinct based schedules as presented in Appendix B 45.03 Environmental Audit Overlay Apply the Environmental Audit Overlay as proposed in the draft Amendment 45.09 Parking Overlay Replace Schedule 13 with a new Schedule 13 as presented in Appendix B Replace Schedule 1 with a new Schedule 1 as presented in Appendix B 52.03 Specific sites and exclusions Refer to discussion in Chapter 15 of the Overview Report 61 Administration of the scheme Amend schedules to Clauses 61.03 as required Amend schedules to Clauses 61.03 as required 66.04 66.06 Referral and notice of permit applications under local provisions Amend Clauses 66.04 and 66.06 as set out in Section 1(i) of this Report 81.01 Incorporated documents Remove reference to the Fishermans Bend Strategic Framework Plan (September 2016) Include a ‘Fishermans Bend’ map book with high resolution plans
Provide at least one Social housing dwelling for every eight dwellings provided above the number of dwellings allowable under the specified dwelling density. Provide dwellings above the number of dwellings allowable under the specified dwelling density as part of shared accommodation use, such as student accommodation or a boarding house, and where those dwellings are not subdivided. Provide dwellings above the number of dwellings allowable under the specified dwelling density for a ‘build-to-rent’ project and where those dwellings are not subdivided. Bicycle, Motorcycle and Car share parking Developments must provide bicycle, motorcycle and car share parking space in accordance with Table 2. Table 2: Parking Provision Bicycle spaces Motorcycle spaces Spaces allocated to a car share scheme Developments of more than 50 dwellings Provision of spaces 1 per dwelling 1 per 50 dwellings 2 spaces plus 1 per 25 car spaces. Provision of visitor spaces 1 per 10 dwellings None specified None specified Developments with over 10,000 sqm floor space Provision of spaces 1 per 50 sqm of net floor area 1 per 100 car parking spaces For all developments with 120 or less car spaces: A minimum of 2 spaces For developments with more than 120 car spaces: 1 per 60 car parking spaces Provision of visitor spaces 1 per 1000 sqm of net non-residential floor area None specified None specified Vehicle access points and crossovers A permit must not be granted to construct a building or construct or carry out works where the vehicle access points and crossovers (not including openings for a road) are located along roads designated as ‘no cross overs permitted’ in the relevant Map of this schedule, unless no other access is possible. 4.3 Conditions on permits Green Star rating A permit granted to construct a building or to construct or carry out works: For a new buildings or additions that contain 10 or more dwellings or 5000 square metres or more of floor space must include the following conditions: Prior to the commencement of buildings and works, evidence must be submitted that demonstrates the project has been registered to seek a minimum 5 Star Green Star Design and As-Built rating (or equivalent) with the Green Building Council of Australia. Within 12 months of occupation of the building, certification must be submitted that demonstrates that the building has achieved a minimum 5 Star Green Star Design and As-Built rating (or equivalent).
Table 9: Adaptable buildings Building element Adaptability opportunity Lower levels up to the height of the street wall At least 4.0 metres floor to floor height at ground level. At least 3.8 metres floor to floor height for other lower levels. Car parking areas In areas not in a basement: Level A height at least 3.8 metres. Mechanical parking systems to reduce the area required for car parking Dwelling layout The ability for one and two-bedroom dwellings to be combined or adapted into three or more bedroom dwellings. Internal layout Minimal load bearing walls to maximise flexibility for retail or commercial refits. 2.14 Building finishes Built form outcomes Facade finishes that: Provide visual interest on all facades. Do not compromise road safety. Built form requirements Buildings should avoid blank facades. Building walls facing a street or public place should be detailed to provide visual richness. Buildings fronting main roads should use materials and finishes with a perpendicular reflectivity less than 15 per cent, measured at 90 degrees to the facade surface. 2.15 Exemption from notice and review An application for construction of a building or to construct or carry out works is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. 3.0 Subdivision None specified. 2.16 Exemption from notice and review An application to subdivide land is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. 4.0 Advertising signs None specified. 5.0 Decision guidelines The following decision guidelines apply to an application for a permit under Clause 43.02, in addition to those specified in Clause 43.02 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority: The Built form outcomes identified in this schedule. Whether the proposal delivers design excellence. floors.
4.0 Advertising signs None specified. 5.0 Decision guidelines The following decision guidelines apply to an application for a permit under Clause 43.02, in addition to those specified in Clause 43.02 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority: The Built form outcomes identified in this schedule. Whether the proposal delivers design excellence. The cumulative impact of the proposed development and any existing adjoining development. Equitable access to privacy, sunlight, daylight and outlook having regard to the proposed internal uses and the height of existing or proposed adjoining built form. The effect of the proposed development on solar access to existing and proposed public spaces having regard to: The area of additional shadow cast over the public space relative to the total area of public space and the area that will remain sunlit. Any adverse impact on soft landscaping in public spaces. Whether allowing additional shadows to be cast on public spaces, is reasonable having regard to the function and orientation of the space and shadows cast by adjacent buildings. Diagrams These diagrams are for illustrative purposes. If there is a discrepancy between these diagrams and the text of the controls the text should be used. [Include diagrams to illustrate street wall heights and setbacks: indicate storeys combine the street wall and set back above a street wall diagrams to present the complete picture for any specific condition present discretionary and mandatory requirements.] Map 1: Building typologies [Use updated GIS version of the map with changes identified in Section 4 of this Report] Map 2: Building heights [Use updated GIS version of the map with changes identified in Section 4 of this Report]
Display home Dwelling Must be in a Non-core area. Must not be within an Amenity buffer shown on [Map 5]. Must meet the threshold distance from industrial and/or warehouse uses referred to in the table to Clause 52.10. Must be more than 300 m from 223-235 Boundary St, 310-324 Ingles St and 209-221 Boundary St, Port Melbourne. Must not be within the Pipelines buffer shown on [Map 6]. Must not be within 450 metres of the South Melbourne to Brooklyn or Dandenong to West Melbourne pipeline as shown on Map #. Must not be within 100 metres of the Port Melbourne to Symex Holdings pipeline as shown on Map #. Education centre Must not be within an Amenity buffer shown on [Map 5]. Must meet the threshold distance from industrial or warehouse uses referred to in the table to Clause 52.10. Must be more than 300 m from 223-235 Boundary St, 310-324 Ingles St and 209-221 Boundary St, Port Melbourne. Home occupation Must meet requirements of Clause 52.11. Informal outdoor recreation Minor sports and recreation facility Motel Must not be within an Amenity buffer shown on [Map 5]. Office (other than Bank) Railway station Place of assembly (other than Amusement parlour, Function centre and Nightclub) Must not be within the Pipelines buffer shown on [Map 6]. Must not be within 450 metres of the South Melbourne to Brooklyn or Dandenong to West Melbourne pipeline as shown on Map #. Must not be within 100 metres of the Port Melbourne to Symex Holdings pipeline as shown on Map #. Railway station Retail premises (other than Hotel, Shop and Tavern) Restricted retail premises Must not exceed 1000 square metres gross leasable floor area, and be located in a Core area. Residential aged care facility Residential hotel Motel Must not be within an Amenity buffer shown on [Map 5]. Must meet the threshold distance from industrial or warehouse uses referred to in the table to Clause 52.10. Must be more than 300 m from 223-235 Boundary St, 310-324 Ingles St and 209-221 Boundary St, Port Melbourne.
Whether the subdivision will facilitate the future adaptation or repurposing of proposed car parking areas are designed for future adaptation or repurposing of land in line with the future provision of public transport. Where the application to subdivide land provides for residential development, the objectives of Clause 56. Whether the subdivision provides for the necessary utilities infrastructure to service the development of the subdivided parcels, and allows for shared trenching. Whether any proposed staging of development is appropriate. The impacts the subdivision may have on landscape opportunities along street frontages, particularly for large canopy trees. Whether the subdivision can accommodate an appropriate building envelope. 3.5 Existing industrial and warehouse uses The application requirements, conditions on permits and permit requirements for subdivision of Clause 3.0 set out above do not apply to an application for subdivision associated with a continuing lawful use of land for industry or warehouse. In considering whether a permit should be granted for the subdivision of land associated with an ongoing existing use of land for industry or warehouse, the Responsible Authority must consider, as appropriate: The impact of the proposed subdivision on the amenity of the future urban renewal area;. Whether the grant of the permit will prejudice the achievement or orderly development of the future urban structure for the area;. The extent to which the subdivision will facilitate an important ongoing use of the land during the transition from an industrial area to a high-density mixed use precinct; Whether the subdivision supports the continued operation of an existing industrial use that is of strategic importance, or which that will facilitate the urban renewal of Fishermans Bend. 4.0 Buildings and works 4.1 Permits required No permit is required to construct a building or construct or carry out works for the following: An addition of or modification to a verandah, awning, sunblind or canopy of an existing building. A permit is required to demolish or remove a building or works, except for: The demolition or removal of temporary structures. The demolition ordered or undertaken by the responsible authority in accordance with the relevant legislation and/or local law. 4.2 Requirements The construction of a building, and the carrying out of works, must be generally in accordance with the relevant Maps of this schedule. This does not include streets or laneways marked as indicative. This requirement does not apply to an application to amend a permit issued before [insert the approval date of Amendment GC81].