Amendment C122port – St Kilda Road South Precinct

Planning Scheme Amendment C122port implements the land use and built form directions set out in the St Kilda Road South Urban Design and Land Use Framework (November 2015) (PDF 20 MB) through new and updated planning controls to guide decision making for future development applications.

Specifically the Amendment:

• Rezones specified properties from a Commercial 1 Zone to a Mixed Use Zone to facilitate a transition to residential / mixed use.
• Updates local policy within Clause 21 (Municipal Strategic Statement) to reflect the strategic directions for the St Kilda Road South Precinct and guide changes in land use.
• Introduces a new schedule to the Design and Development Overlay (Schedule 27) to establish design objectives and requirements to manage the scale and form of new development, including maximum building heights and street-wall requirements.
• Applies new individual Heritage Overlays to selected properties in Wellington Street, and makes related changes to the Port Phillip Heritage Review.
• Rezoning part of Wellington Street from the General Residential Zone to a Neighbourhood Residential Zone.
• Applying new schedules to the General Residential Zone to Wellington and Carlisle, parts of Barkly, Charles, and Vale Streets, Alma Road and St Kilda Road.

Amendment C122port was placed on exhibition from 8 August to 12 September 2016.

Approximately 4,200 letters were sent to owners and occupiers within and adjoining the precinct, inviting interested stakeholders to lodge submissions with Council.

43 submissions were received.

Submitters to the Amendment were provided with an opportunity to be heard at the Ordinary Council Meeting of 13 December 2016.

43 submissions (including one late) to the Amendment were received. 27 submissions were from residents and community groups, 11 submissions were received representing development interests and 3 were from government agencies/departments. Two submissions did not make their interests clear.

25 of the submissions were in support of Amendment C122port, while 18 submissions raised concerns/objections.

At the Ordinary Meeting of Council on 13 December 2016, Council resolved to request the Minister for Planning apply interim built form and heritage controls for the Precinct while Amendment C122port is being progressed (noting that the Minister for Planning did not support a previous request for interim controls via Amendment C121port).

On 19 March 2017, the Minister advised Council of his decision to approve interim controls. Amendment C145port which implemented interim height and overshadowing controls came into effect on 6 April 2017.

Council considered submissions and whether to refer Amendment C122port to an independent Planning Panel at its Ordinary Council Meeting of 1 February 2017.

Following formal consideration of submissions to the Amendment, at the February meeting, Council endorsed officers' response to the issues raised and recommended changes to the Amendment following exhibition as the basis for Council's submission to the Panel. The proposed changes to the Amendment are at Attachment 2 of the 1 February Council Report.

A Directions Hearing was held on 27 February 2017.

The full Panel Hearing took place over six days between 21 March and 28 April 2017.

View the Planning Panel report and recommendations

Council considered the report of the independent Planning Panel appointed to consider Amendment C122port and resolved to adopt the Amendment (with changes) at its Ordinary Meeting on 19 September 2017.

Council accepted some of the Panel's recommendations, maintained some controls 'as exhibited' (i.e. did not accept some changes recommended by the Panel) and proposed some changes / alternatives to the Panel's recommendations.

Under the Planning and Environment Act 1987, Council must consider all of the Panel's recommendations but it is not obliged to accept them. If, in determining to adopt the Amendment, Council does not accept one or more of the Panel's recommendations, it must provide the reasons why.

Details of the changes made at adoption stage of Amendment C122port are outlined in the report and attachments presented at the Ordinary Council Meeting on 19 September 2017. 

At this meeting, Council also resolved to request an extension of the interim built form controls, which apply to the Precinct and are due to expire on 31 December 2017.

The adopted Amendment C122port, together with supporting information, was submitted to the Minister for Planning for final approval, as resolved by Council at its 19 September 2017 Ordinary Meeting