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23 April 2019

Moonee Valley Amendment C193

Moonee Valley CC has prepared Amendment C193, which is currently on exhibition until 3rd May 2019. This amendment seeks to implement the findings of Council’s planning scheme review and the long-term strategy, titled MV2040 Strategy 2018 (fun fact – 2040m is also the distance of the Cox Plate – the feature race held at Moonee Valley racecourse).

The amendment will enable the Moonee Valley Planning Scheme to be one of the first in Victoria to adopt the format envisaged via the Smart Planning reforms. These reforms aim to cut out repetition between the State and Local Planning Policy Framework through:

  • streamlining policy content within Clauses 11 to 19 (at a state, regional and local / Council level);
  • producing a Municipal Planning Statement (a succinct expression on the overarching strategic policy directions of a municipality); and
  • translating local policies (formerly at Clause 22) to relevant schedules (i.e. Heritage Policy being translated into the Heritage Overlay Schedule). 

Accordingly, a review of Amendment C193 means both a change in the structure of the entire planning scheme as well as alterations to the strategic vision. 

Of interest to our readers are the following components of the Amendment:

  • Clause 2 (the current MSS) gets a haircut from 56 pages to 32 pages. Although it is arguable that at 32 pages, it is still far from brief.
  • Clause 2.03 has a greater focus on 20-minute neighbourhoods consistent with Plan Melbourne.  There is no change to the current 6 activity centres and 9 neighbourhood activity centres as currently listed at Clause 21.07. 
  • Due to the focus on 20-minute neighbourhoods, proposed Clause 2.03 identifies the 13 ‘neighbourhoods’ which make up MVCC. The character/details of each neighbourhood are listed, along with identifying future levels of residential growth for each neighbourhood. 
  • Clause 2.04 includes framework plans/diagrams to give effect to the policy at Clause 2.03.  The overall Strategic Framework Plan does not identify activity centres in the manner of the existing Strategic Framework Plan at Clause 21.03, but shades ‘economic and activity areas’.  Instead, it identifies ‘community anchors’. The background document, MV2040, notes that each neighbourhood has a community anchor – where communities gather for activities, events, recreation and to socialise. Each neighbourhood is then provided with a detailed implementation plan (which confusingly, doesn’t identify the community anchors).  Economic activity areas are also shaded in the neighbourhood plans but are difficult to read. The Economic activity and employment plan indicate where existing and future economic growth will occur and the public transport and roads plan details future public transport routes (including the Airport Rail Link options). These plans do not necessarily link back to the neighbourhood implementation plans, which would be useful. 
  • Local sub-clauses are introduced to various clauses within the Planning Policy Framework, at Clauses 11-19. These sub-clauses effectively relocate items within the current Clause 21 that cover details such as non-residential uses within residential zone, liquor licencing, signs, neighbourhood character, landscaping, heritage etc. 
  • The Heritage Overlay Schedule (Clause 43.01) has been updated to specify required information for applications currently found at Clause 22.01 (Heritage). We note that this is not a straight cut and paste job and that flexibility for requirements has either been lost in translation or is an intentional change in direction. 
  • The Clause 52.28 (Gaming) schedule has been updated to incorporate Clause 22.05 (Gaming).
  • Waste – The background document provides waste consultants with best practise waste management guidelines, seeking to remove inconsistencies between Council and government agencies. It incorporates updated waste generation estimates for a range of uses as well as guidance on preferred design outcomes (chutes, compactors, glass crushers), multi-unit developments and basement collections (including recommended ramp gradients), and the maximum number of waste collections per week.

Moonee Valley Council have undertaken a detailed review of their current planning scheme and should be applauded for being one of the first Councils to try and negotiate the translation to the new format planning scheme. Further, MV2040 appears to knit together a wide range of strategic objectives à la Plan Melbourne and provides a consolidated document to support Council’s future action plans. As with everything in planning, the devil will be in the detail.

We recommend undertaking a detailed review of the amendment if you have a current application afoot or regularly develop land within the municipality, to see how the amendment (including MVCC’s new waste requirements) affects your interests. The amendment is currently on exhibition from 28th March until 3rd May 2019.

Please reach out to your existing contact at ratio: to better understand whether this amendment will impact your land or make a submission directly through the Council’s website.

Author: Alice Maloney, Associate: Planning, Brian Minogue, Associate: Planning and Tanya Chen, Senior Traffic Engineer 

 

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