Amendment C160port - Update Amendment

The amendment is a ‘Ministerial’ amendment, pursuant to Section 20(4) of the Planning and Environment Act 1987, that makes technical corrections and updates to the Port Phillip Planning Scheme

This type of amendment allows Council through a request to the Minister for Planning, to make corrections to the planning scheme of an obvious or technical nature; and remove redundant provisions within the Scheme through a streamlined process exempt from public exhibition.

Specifically, the Amendment makes the following changes to the Port Phillip Planning Scheme:

• Rezones several properties along Bay Street, Port Melbourne to the Mixed-Use Zone and Commercial 1 Zone to reflect the changes made by Amendment C103 that implemented the Bay Street Activity Centre Structure Plan in July 2016. The properties were inadvertently rezoned back to residential by a mapping error in Amendment C123 (New Residential Zones) in December 2017.
• Deletes the Environmental Audit Overlay (EAO) from 9 sites where a Certificate of Environmental Audit has been issued in accordance with Part IXD of the Environment Protection Act 1970.
• Deletes five site-specific Heritage Overlays where the heritage place has been demolished.
• Deletes a small portion of HO8 (Elwood-Glen Huntly Rd, Ormond Rd) and HO442 (Albert Park Residential Precinct / Part Montague Precinct) precinct overlays, where a heritage place has been demolished at the edge of the heritage precinct.
• Shifts Heritage Overlay 14 (HO14) so that it covers the exact location of the ‘Ngargee Tree’ in Albert Park.
• Updates the Environmental Significance Overlay – Schedule 2 (ESO2) so that it refers to the ‘Ngargee Tree’ which is a Boon-Wurrung term and not the ‘Corroboree Tree’ which is a Queensland term.
• Corrects the Schedule to the Heritage Overlay (Clause 43.01) to correct property addresses and place names, mapping references, and recognise the registration of a heritage place on the Victorian Heritage Register for 11 heritage places.
• Corrects and updates the Port Phillip Heritage Review (Incorporated Document) to:
  • revise 56 Citations to make technical corrections including correcting property addresses, place names, mapping references, and recognising the registration of a heritage place on the Victorian Heritage Register
  • update 18 Citations to identify where demolition of the heritage place has occurred
  • re-introduce Citation 486 into the PPHR after it was inadvertently removed in Amendment C103
  • update 2 Citations to be in the ‘New Format’ only.
• Updates the City of Port Phillip Heritage Policy Map (Incorporated Document) to remove 55 ‘Significant Heritage Place’ gradings and 41 ‘Contributory Heritage Place’ gradings where the heritage place has been demolished, or to correct obvious mapping errors.
• Updates the City of Port Phillip Neighbourhood Character Map (Incorporated Document) to remove the ‘Contributory outside of the Heritage Overlay’ grading from 730 properties, where the heritage place has been demolished, or to correct obvious mapping errors.

Why is the amendment required?

Council is obligated to regularly review the provisions of the Scheme under Section 12(1)(c) of the Planning and Environment Act 1987 (the Act). Updating and correcting anomalies and removing redundant provisions will ensure the Scheme remains current and accurate.

The updates to heritage controls are informed by the Port Phillip Heritage Review Update (February 2019) (PDF 21.7 MB) prepared by David Helms Heritage Planning. The report outlines a series of recommendations to address anomalies and errors with existing heritage places, some of which will be implemented through Amendment C161port to the Port Phillip Planning Scheme which will undergo a full exhibition process.