Planning and Environment Act 1987
Wyndham PLANNING SCHEME
AMENDMENT C170
permit application wyp7849/14
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by the Growth Areas Authority (to be known as ‘Metropolitan Planning Authority’) who is the planning authority for this amendment.
The amendment has been made at the request of Phileo Australia Pty Ltd.
Land affected by the amendment
The amendment applies to land in Mambourin and Wyndham Vale bounded by Armstrong Road to the east, Greens Road to the north, the Urban Growth Boundary to the west and Black Forest Road to the south.
What the amendment does
The amendment implements the Black Forest Road North Precinct Structure Plan (‘the PSP’). More specifically, the amendment:
· Rezones land in the amendment area from Urban Growth Zone and Urban Floodway Zone to Urban Growth Zone 7 (UG7);
· Applies the Land Subject to Inundation Overlay to part of the land;
· Inserts a new entry in the Schedule to Clause 52.01 specifying a 3% public open space contribution for land zoned UGZ7;
· Inserts a new entry in the Schedule to Clause 52.17 removing the need for planning permit for native vegetation removed in accordance with Commonwealth environmental approvals;
· Incorporates the PSP by inserting a new entry, ‘Black Forest Road North Precinct Structure Plan, June 2015’, in the Schedule to Clause 81.01.
The Combined Permit and Amendment Process
Division 5 of Part 4 of the Planning and Environment Act 1987 (the Act) provides for a combined permit and amendment process. The provisions provide for a planning authority to consider an application for a planning permit concurrently with an amendment to a planning scheme where the amendment is necessary to enable the proposed development. The Minister may grant a permit at the same time as approving the amendment.
Phileo Australia Pty Ltd has concurrently made application number WYP7849/14 for a permit to subdivide Lots 1 and Lot 2 on Title Plan 846432N at Black Forest Road, Mambourin. The application is to subdivide the land into residential lots a lot for a school and reserves for sports fields and storm water treatment.
Strategic assessment of the amendment
Why is the amendment required?
Melbourne is expected to experienced considerable population growth in coming years. Close to half of new Melburnians are expected to be accommodated in new homes on the city’s fringe. The West Growth Corridor Plan identifies land in this amendment area for urban development to cater for part of that housing need.
The land use and development controls currently affecting the land impose a minimum lot size of 40 hectares and allow a limited range of rural land uses and associated development. The amendment will remove the minimum lot size and provide for a range of urban land uses and development.
To ensure the land is developed in a fair and orderly manner, the amendment provides for the future urban land use and development outcomes to be set out in a precinct structure plan. The PSP sets out a range of allowable land uses and the associated infrastructure required to provide for a functional urban neighbourhood.
The amendment is also required to allow those undertaking development in the area to be compliant with the Commonwealth approval to take action in Melbourne’s West Growth Corridor under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (‘the EPBC Act’) and hence remove the need for a separate approval under the EPBC Act.
Other aspects of the amendment are required to ensure compliance with the Transport Integration Act 2010, provide for interim bushfire hazard management during the construction process and protect the ability to construct transport routes in the Outer Metropolitan Ring Transit Corridor (OMRTC) and a railway station at the eastern end of the area.
How does the amendment implement the objectives of planning in Victoria?
The amendment facilitates development of a new urban community that:
· Provides for a clear and ongoing land use and development framework applicable to all landowners in the area;
· Locates new urban development contiguous with the existing urban area of Melbourne providing excellent access to employment opportunities, services and transport for new occupants of the area.
· Allows for the community to gain a higher economic return from land in the area through its use for intensive urban development;
· Manages the impacts of development on existing waterway regimes in the area by creating retarding basins that prevent an increase in the rate of water flows to surrounding land;
· Sets out mitigation requirements for the removal of the small amount of native vegetation from the land and impacts on deemed habitat for threatened species under the EPBC Act;
· Provides for a logical and navigable road network complemented by safe, well-made walking and cycling trails all of which are integrated with regional transport networks;
· Will contribute to and benefit from the local infrastructure described in the Wyndham West Development Contributions Plan incorporated through Wyndham C173.
· Sets aside land for new public recreation areas, facilities and utilities and protects the ability to construct transport routes in the Outer Metropolitan Ring Transit Corridor and a railway station at the eastern end of the area;
· Integrates land uses such as schools, sports fields and community facilities to maximise the utility of these public investments and minimise the ongoing costs including car parking, maintenance and security that can be shared through locating these uses together;
· Protects the existing nearby Lara-Brooklyn gas transmission line;
· Provides for urban development in the area in a manner that ensures that the current landowners are able to profitably develop their land in a manner that will be functional, pleasant and affordable for future inhabitants and the broader community.
The amendment provides for the development of at least 5,587 new homes for approximately 11,000 people over 5 square kilometres. To service this new population the amendment provides for an integrated road and trail network, a drainage network, essential services including fibre internet connections, two local town centres, an employment area, two outdoor sports reserves and two indoor sports facilities, five school sites, a series of local parks, two community facilities.
How does the amendment address any environmental, social and economic effects?
Environmental
The small amount of native vegetation in the amendment area will be removed during the development of the precinct. To offset this loss new vegetation will be planted or existing native vegetation improved in more sustainable locations by the relevant developer in accordance with the EPBC Act approval for Melbourne Growth Corridors. The EPBC Act approval incorporates State native vegetation offset requirements.
The area will be drained in accordance with a scheme approved by Melbourne Water. The rate of water flow to land external to the area will be maintained at pre-development levels. Storm water will be directed through the urban street network to sediment basins servicing neighbourhoods before being discharged into a newly constructed vegetated waterway. Before the waterway exits the precinct storm water will be further filtered through two large wetlands.
A recently constructed sports reserve on Hogans Road adjacent Davis Creek in Tarneit – demonstrates a positive and open interface to waterways offering good visual surveillance from roads, vehicle access along trails and maximising the open space feel through setting back buildings from the waterway and fronting the waterway with roads on residential streets.
Some localised increase in local air and noise pollution, consistent with those experienced in urban residential areas more broadly, is likely. However, over the long term significant tree and vegetation planting in the area combined with the offsets provided for native vegetation nearby will ensure local air quality is of a high standard. Additionally the compact urban form of the area and good access to local services is likely to reduce traffic demand and distance travelled contributing to reductions in fuel emissions.
Noise pollution, primarily generated from the town centre development and the operating railway traversing the eastern end of the precinct will be managed through the existing Design and Development Overlay applying to land around the railway and through provisions in the applied Commercial 1 Zone and Mixed Use Zone which allow for management of use and development at a street level to ensure more significant noise generating uses do not unreasonably impact on residential areas. VicRoads, as a referral authority for the Outer Metropolitan Ring Transport Corridor, will manage development applications where they may be impacted by noise from that transport corridor.
A preliminary survey of the area for potential soil contaminants has been undertaken. The area’s history of farming presents some low level and medium risks of potential contamination. The amendment requires further investigation and appropriate remediation of identified contaminants to be undertaken at the development stage.
Works Authority 43 for extractive industry is currently in place under the Mineral Resources (Sustainable Development) Act 1990 for the nearby Mountain View Quarry owned by Barro Group at Argoona Road, Mambourin. Sensitive land uses such as residential, hospitals and junior schools should be separated from an extractive industry by 500 metres. Within the precinct no sensitive uses are proposed within 500 metres of the works authority boundary; no regulation of development in the precinct is proposed in relation to this matter.
Social & Economic
A significant new population is planned for the area. This population will entirely replace the two current property owners in the area.
The land is located adjacent the existing urban area of Wyndham Vale and so new residents can avail of the existing services nearby including schools, shops, community facilities, sports facilities and other amenities. In the medium to long term, the new community will contribute enough money to the municipal council to allow development of new community, sports and transport facilities in the area through development charges levied under the approved Wyndham West Development Contributions Plan. The contributions will be generally on par with the level of demand new residents and business will generate.
In the short term, given the existing facilities capacity and planning capability of the local municipal council and relevant state agencies in providing services, new residents are unlikely to suffer from want of access to day-to-day services.
Existing business in the area are likely to see an increase in custom and opportunities for expansion as a result of the increase in population.
Does the amendment address relevant bushfire risk?
The amendment area is a declared Bushfire Prone Area pursuant to the Building Regulations 2006. This declaration requires dwelling and other buildings regularly used by groups of persons to be constructed with fire resistant techniques.
The amendment provides for management of bushfire hazards that may be present during the construction process by requiring a subdivider to prepare and implement a Bushfire Construction Management Plan during the construction of a subdivision.
Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?
Ministerial Direction - The Form and Content of Planning Schemes
The amendment uses the format and content rules of the schedules and other guidance provided in this direction.
Direction No. 9 Metropolitan Strategy
Direction 9 has been considered in preparing this amendment and the amendment complies with this direction. The amendment will facilitate the development of land within the urban growth boundary of Metropolitan Melbourne. The amendment responds specifically to the following initiatives of Plan Melbourne:
Initiative 1.2.2 maintain the competitiveness of employment land in Melbourne’s growth areas
The amendment facilitates intensive employment uses around land set aside for a railway station. The proposed land uses in this location are not sensitive to noise but will add to the competitiveness of local businesses in the area by providing additional well located land.
Initiative 1.5.3 Support the planning of other activity centres
The amendment facilitates a significant increase in the population catchment for the planned Large Local Town Centre in the amendment area. A smaller local convenience centre is located in the western part of the area.
Both centres are located on major traffic routes so as to maximise exposure to passing trade for businesses and provide for convenient, direct and safe access for business-to-business services.
Higher residential densities will be encouraged in the residential catchments to these centres through application of the Residential Growth Zone.
Initiative 1.5.4 Accelerate investment in Melbourne’s growth areas to increase local access to employment
The amendment will result in significant investment and job generation in a growth area. The specialised town centre and local town centre together with schools and community facilities will generate substantial local employment with additional capacity for small scale business in residential areas through application of the Residential Growth Zone and Road Zone (Categories 1 and 2).
Initiative 2.1.1 Apply the reformed residential zones
Higher residential densities will be encouraged through application of the Residential Growth Zone, the housing provisions of the PSP and the location of other land uses likely to attract nearby higher density. The Residential Growth Zone will also facilitate more active residential neighbourhoods with greater potential for small scale employment and local businesses.
The Neighbourhood Residential Zone is applied within the 500 metres of the Lara-Brooklyn gas transmission pipeline, to limit intensive development so as to protect the economic and safe operation of the pipeline in the long term.
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. The PSP provides guidance the town centre walkable catchments for a variety of different medium and high density housing.
Initiative 2.2.4 Increase housing choice within walkable distance of railways stations in the growth areas
The provisions of the PSP aim to achieve a diversity of lot sizes capable of delivering a range of housing types around the land set aside for a rail station at the eastern end of the amendment area.