REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION

UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987

BOROONDARA PLANNING SCHEME

AMENDMENT C298

The Planning and Environment Act 1987 (the Act), the Heritage Act 1995 and the Victorian Civil and Administrative Tribunal Act 1998 provide for the intervention of the Minister for Planning (Minister) in planning and heritage processes.

In exercising my powers of intervention, I have agreed to:

  • Make publicly available written reasons for each decision; and
  • Provide a report to Parliament at least every twelve months detailing the nature of each intervention.

REQUEST FOR INTERVENTION

  1. Development Victoria and the Department of Health and Human Services (DHHS) have requested this intervention to facilitate a revised proposal for the redevelopment of the Markham Housing Estate at 10 Markham Avenue, Ashburton (redevelopment).

WHAT POWER OF INTERVENTION IS BEING USED?

  1. I have decided to exercise my powers to exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the Regulations in respect to Amendment C298 to the Boroondara Planning Scheme.
  2. Section 20(4) of the Act enables the Minister to exempt an amendment which the Minister prepares from any of the requirements of sections 17, 18 and 19 of the Act or the Regulations.
  3. In seeking to exercise this power, section 20(4) of the Act requires that the Minister must consider that compliance with any of those requirements is not warranted or that the interests of Victoria or any part of Victoria make such an exemption appropriate.

BACKGROUND

  1. With more than 35,000 people on the Victorian Housing Register, including more than 25,000 across Melbourne and more than1,700 people in inner-eastern Melbourne, the need for social housing is critical.
  2. The Victorian Government has committed to the redevelopment of the Markham Housing Estate at 10 Markham Avenue, Ashburton. Development Victoria has partnered with the owner of the land, the Department of Health and Human Services (DHHS),to deliver the redevelopment.
  3. The previous public housing units at the Markham Housing Estate had long been under-utilised with the majority of the units being uninhabitable. The redevelopment delivers on the government’s commitment to renew social housing stock, as outlined in Homes for Victorians, by providing a range of housing types to assist in balancing the social housing stock in the eastern region, and better match the current local demand for smaller dwellings (e.g. for older couples and singles).
  4. On 19 September 2017, I approved Amendment C251 to the Boroondara Planning Scheme to facilitate the redevelopment of the Markham Housing Estate and make me, as the Minister for Planning, the responsible authority for administering and enforcing the planning scheme as it applies to 3 and 10 Markham Avenue, Ashburton.
  5. Amendment C251 to the Boroondara Planning Scheme came into operation on 5 October 2017.
  6. During the second half of 2016, Development Victoria undertook consultation on the proposed redevelopment assessed under Amendment C251 to the Boroondara Planning Scheme. The consultation activities included:
  • A presentation of concept designs to the Office of the Victorian Government Architect (OVGA)
  • A presentation of concept designs to officers of Boroondara City Council
  • Meetings with community and social housing representatives / groups
  • Two community information sessions (16 November 2016 and 19 November 2016)
  • Advertising via pop-ups, social media, print media and a letter box drop to surrounding homes inviting people to participate in engagement activities
  • Displaying information on the Development Victoria webpage.
  1. Boroondara City Council (council) also considered the proposed redevelopment at meetings of its Urban Planning Committee on 19 December 2016 and 20 February 2017 and its views were provided via letters dated 23 December 2016 and 6 March 2017.
  2. I also met with council on 2 March 2016 to further understand its views on the proposed redevelopment.
  3. In approving Amendment C251 to the Boroondara Planning Scheme, I considered the views of council and the community as well as the OVGA and, where practicable, the viewsof interested parties were addressed by the amendment. This included:
  • An overall reduction in building heights.
  • An increase in building setbacks particularly in relation to Markham Reserve.
  • An overall reduction in the number of dwellings and a mixed tenure approach to the redevelopment.
  • A requirement to comply with the Victorian Government’s Better Apartments Design Standards as set out in Clause 58 of the Boroondara Planning Scheme.
  • A requirement to better respond to the existing neighbourhood character.
  • A requirement to provide improved opportunities for landscaping throughout the redevelopment, including deep planting along boundaries.
  • A requirementto provide revised plans and documentation to council for comment before they are submitted to me for approval.
  1. On 16 November 2017, the Parliament of Victoria revoked Amendment C251 to the Boroondara Planning Scheme under section 38(2) of the Actand all provisions relating to theamendment were removed from the planning scheme on 14 December 2017.
  2. The Hansard transcriptrecords the proceedings of parliament on this motion but the key matters of debate include:
  • The density of the redevelopment.
  • Impacts on traffic conditions, including pedestrian and cycling conditions.
  • Impacts on adjoining open space and Gardiners Creek.
  • Impacts on neighbourhood character.
  • Theoverall decrease in the capacity of the public housing units.
  • The Minister for Planning being made the responsible authority for the land.
  • Consultation with council and the local community.
  • The proportion of public housing provided within the redevelopment.
  • The government’s Public Housing Renewal Program.
  • The sale of public land that has been set aside for public housing.
  • The removal of native vegetation.
  • The contribution of the redevelopment to housing choice and affordability.
  1. On 14 December 2017, Development Victoria and DHHS requested that I amend the Boroondara Planning Scheme to facilitate a revised proposalfor the redevelopment of the Markham Housing Estate that responds to certain matters raised in the proceedings of parliament in relation to the revocation of Amendment C251 to the Boroondara Planning Scheme. The revised proposal is based on the proposed redevelopment facilitated under Amendment C251 to the Boroondara Planning Scheme but further modified to include:
  • A reduction in the number of dwellings from 225 to 200 dwellings. Despite the reduction in overall dwellings, the redevelopment will still include 62 social housing units (31 per cent). As per the proposal reflected in Amendment C251 to the Boroondara Planning Scheme, this figure represents a 10 per cent increase in the number of social housing units at the Markham Housing Estate.
  • A one storey reduction in the building heights for Building A and Building D with no building to exceed four storeys in height.
  • One building which will provide social housing units for aged tenants. Six of these social housing units will be fully accessible with the remaining social housing units in this building designed to allow for accessibility without the need for extensive structural work.
  • Thirty-two social housing units which will be integrated throughout the remaining buildings.
  1. Development Victoria and DHHS have also committed to ensuring approximately fifty per cent of the private housing units are affordable via a defined purchase price, availability to first home buyers or eligibility under a proposed State Shared Equity scheme.
  2. Amendment C298 to the Boroondara Planning Scheme (amendment)will give effect to the revised proposal for the redevelopment of the Markham Housing Estate. The amendment is required to:
  • Facilitate the delivery of the redevelopment in a timely, coordinated and consistent manner; and
  • Ensure the main works for the redevelopment can be planned with certainty and commence without delay.
  1. The amendment applies to 3 and 10 Markham Avenue, Ashburton.
  2. The amendment:
  • Inserts a site specific control into the Boroondara Planning Scheme to facilitate the revised proposal for the redevelopment of the Markham Housing Estatesubject to conditions in the Markham Housing Estate Incorporated Document, December 2017(incorporated document).
  • Makes the Minister for Planning the responsible authority for administering and enforcing the Boroondara Planning Scheme as it applies to 3 and 10 Markham Avenue, Ashburton.

Benefits of exemption

  1. The main benefit of the exemption is that it will enable a prompt decision to be made on the adoption and approval of an amendment which facilitates the timely delivery of much needed social housing renewal in an area that is close to public transport, open space, shops and community facilities.
  2. The exemption of the amendment from the requirements of sections 17, 18 and 19 of the Act and the regulations will mean the benefits of the redevelopment are able to be delivered sooner, and the social consequences of delaying the delivery of the redevelopment are avoided.

Effects of Exemption on Third Parties

  1. The effect of the exemption is that third parties will not receive formal statutory notice of the amendment and will not have the opportunity to make a submission or be heard by a panel appointed under Part 8 of the Act in relation to the amendment.
  2. Third parties who may be affected by the amendment were provided with the opportunity to comment on the original proposal during consultation undertaken by Development Victoria during the second half of 2016. Comments received were considered during the preparation of Amendment C251 to the Boroondara Planning Scheme and were reflected in the incorporated document for that amendment where practicable.
  3. This amendment includes and builds on the modifications made in response to public consultation on the proposed redevelopment in 2016.To the extent this amendment includes modifications beyond what was contemplated by Amendment C251 to the Boroondara Planning Scheme, I am satisfied that further consultation is not required on the basis that:
  • The modifications can be characterised as changes that respond to certain matters raised in the proceedings of parliament in relation to the revocation of Amendment C251 to the Boroondara Planning Scheme.
  • The modifications will result in lesser impacts on third parties.

Assessment as to whether benefits of exemptions outweigh effects on third parties

  1. The exemption will enable a prompt decision to be made on the adoption and approval of an amendment which facilitates the timely delivery of much needed social housing renewal in an area that is close to public transport, open space, shops and community facilities.
  2. I accept that the timely delivery of the redevelopment, which will be facilitated by the exemption, is of importance to this part of Victoria. Delay in the redevelopment would lead to unacceptable social costs by way of a continued unavailability of renewed social housing for people on the Victorian Housing Register.Having regard to the benefits arising from the timely delivery of the proposed redevelopment, I consider that the benefits of exempting myself from sections 17, 18 and 19 of the Act and the regulations outweigh any effects of the exemption on third parties.

DECISION

  1. I have decided to exercise my power under section 20(4) of the Act to exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the regulations in respect of Amendment C298 to the Boroondara Planning Scheme.

REASONS FOR INTERVENTION

  1. I provide the following reasons for my decision to exercise my power under section 20(4) of the Act.
  2. I am satisfied that -

Compliance with any of the requirements of sections 17, 18 and 19 of the Act and the Regulations is not warranted because:

  • Third parties who may be affected by the amendment were provided with the opportunity to comment on the original proposal during consultation undertaken by Development Victoria during the second half of 2016. Comments received were considered during the preparation of Amendment C251 to the Boroondara Planning Scheme, and changes made to the redevelopment in response to these comments in Amendment C251 to the Boroondara Planning Scheme (where practicable) are also reflected in this amendment.
  • To the extent this amendment includes modifications beyond what was contemplated by Amendment C251 to the Boroondara Planning Scheme, those changes respond to certain matters raised in the proceedings of parliament in relation to the revocation of Amendment C251 to the Boroondara Planning Scheme and will result in lesser impacts on third parties.

The interests of this part of Victoria make such an exemption appropriate because:

  • There is a critical shortage of government funded housing in Victoria, and exempting the amendment from the requirements of sections 17, 18 and 19 of the Act and the regulations will enable renewed government funded housing to be urgently provided.
  • Exhibition and notice, public submissions and a panel hearing in relation to the amendment will delay the delivery of much needed renewed social housing with such delay resulting in undesirable social costs.

SIGNED BY THE MINISTER

HON RICHARD WYNNE MP

Minister for Planning

Date:28 December 2017