COM Changes to the FAU Guidelines

HOW TO CALCULATE FLOOR AREA UPLIFT IN FISHERMANS BEND

Definitions

For the purposes of this document:

Floor Area Uplift is floor area that exceeds the maximum floor area ratio set out in Schedule 4 in the Melbourne Planning Scheme and Schedule 1 in the Port Phillip Planning Scheme to the Capital City Zone (the CCZ Schedules), as applicable.

Social Housing is defined in the Planning and Environment Act 1987 by reference to the definition contained in the Housing Act 1983.

Receiving Authorityis a participating registered agency (or other equivalent body registered) under the Housing Act 1983 (Vic).

Introduction

This document must be used by a Responsible Authority to decide whether to enter into an agreement with a landowner under section 173 of the Planning and Environment Act 1987 for the provision of Social Housing in the Fishermans Bend Urban Renewal Area (Agreement), and to guide the content of that Agreement.

The Agreement

Entry intoan Agreement is a condition precedent to the grant of a permit for a use and development which includes aFloor Area Upliftunder the CCZ Schedules.

The entry into an Agreement does not mean a permit will be granted for a use and development which includes the Floor Area Uplift. The decision on whether or not a permit will be granted for the use and development which includes the Floor Area Uplift will be made under the Planning and Environment Act 1987 and will include consideration of the applicable provisions of the relevant planning scheme.

The Agreement must require that the social housing dwellingsbe:

-provided at a ratio of eight additional dwellings to each social housing dwelling; and

-‘gifted’ (provided in perpetuity with the assets transferred at no cost) to a Receiving Authority.

In deciding whether to enter into an Agreement, the Responsible Authority may consider:

  • whether the Agreement provides for social housing dwellings be provided as a mix of 1, 2 and 3 bedrooms consistent with the overallcomposition of the building;
  • whether the Agreement provides that the social housing dwellings will havethe same amenity as dwellings of a similar size in the building;
  • whether the Agreement provides that the social housing dwellings be externally indistinguishable from other dwellings in the building;
  • whether the Agreement provides that the social housing dwellings are to be appropriate to the needs of the future occupiers in terms of size, quality, accessibility, location and fit out;
  • the views of the Receiving Authority, if selected at the time of the Agreement;
  • whether a financial bond should be provided to guarantee adequate delivery of the social housing dwellings; and
  • whether a certificate or statement of environment audit is required.

May 2018