1 Amendment C195 to the Boroondara Planning Scheme - Maling Road Built Form Controls - Adoption

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1 1 Amendment C195 to the Boroondara Planning Scheme - Maling Road Built Form Controls - Adoption Abstract The purpose of this report is to inform Council of the outcomes of the Urban Planning Special Committee (UPSC) on 7 April 2015 and seek a resolution from Council to: Adopt Amendment C195 to the Boroondara Planning Scheme as shown at Attachments 1, 2 and 3. Submit the amendment to the Minister for Planning for approval. Prepare and submit a ministerial amendment under section 20 (4) of the Planning and Environment Act 1987 to the Minister for Planning to apply an Environmental Audit Overlay (EAO) to 85 Maling Road, Canterbury. On 17 March 2014 the Urban Planning Special Committee (UPSC) resolved to commence Amendment C195 to the Boroondara Planning Scheme to implement the Maling Road Built Form Guidelines (MRBFG) (Attachment 4). Public exhibition of the amendment was undertaken from 17 July 2104 to 18 August Eleven (11) submissions were received during the exhibition period. The UPSC considered the submissions received and the officers response to these submissions on 20 October The UPSC resolved to make modifications to the exhibited amendment to address issues raised by some submitters (including the removal of 85 Maling Road (the Bradshaw site) from the amendment) and refer unresolved submissions to an independent panel for consideration. A Panel hearing was conducted on 8 and 22 December The Panel considered all submissions referred to it as well as late submissions made after the appointment of a panel. The Panel generally supported the amendment with the exception of the removal of 85 Maling Road (the former Bradshaw site) from the amendment and the UPSC decision to retain the site in the Neighbourhood Residential Zone 3 (NRZ3). A copy of the Panel report is provided at Attachment 6. On 7 April 2015, the Urban Planning Special Committee (UPSC) considered the Panel s report and recommendations, and officers response to the Panel s recommendations. The UPSC also heard from residents, many of whom raised concerns with the height limits proposed for Maling Road, which had not been raised as a concern as part of the exhibition process. The UPSC resolution in response to the Panel s recommendation is provided at Attachment 7. At this meeting, the UPSC resolved to refer the amendment to an Ordinary Council meeting subject to: The height limit of Maling Road being reduced from a mandatory maximum height of 11 metres to a mandatory maximum height of 8.5 metres. The street wall height for non-contributory buildings being expressed as mandatory, not discretionary, control. (Note, the street wall height for significant and contributory buildings is already expressed as a mandatory requirement.) The UPSC also endorsed the abandonment of that part of the amendment pertaining to the former Bradshaw site at 85 Maling Road in accordance with the UPSC s decision from 20 October This is explained in more detail later in this report. City of Boroondara Amendment C195 Page 1 of 109

2 Officers' recommendation That Council resolve to adopt the Urban Planning Special Committees' recommendation from 7 April 2015 to: 1. Split Amendment C195 into two parts. Part 1 - comprises the amendment as adopted by the UPSC on 7 April Part 2 comprises all parts of the exhibited amendment that relate to 85 Maling Road, Canterbury. 2. Adopt Amendment C195 Part 1 to the Boroondara Planning Scheme as shown in Attachments 1, 2 and 3 (as annexed to the minutes) in accordance with Section 29(1) of the Planning and Environment Act Adopt the Maling Road Built Form Guidelines shown in Attachment 4 (as annexed to the minutes) subject to the changes listed in Attachment 5 (as annexed to the minutes). 4. Submit Amendment C195 Part 1 to the Minister for Planning for approval in accordance with Section 31(1) of the Planning and Environment Act Abandon Amendment C195 Part 2, which relates to 85 Maling Road, Canterbury. 6. Write to the Minister for Planning, in accordance with Section 28 of the Planning and Environment Act 1987, to advise the Minister for Planning of Council s decision to abandon Amendment C195 Part Request the Minister for Planning to prepare, adopt and approve an amendment to the Boroondara Planning Scheme pursuant to Section 20(4) of the Planning and Environment Act (1987) to apply an Environmental Audit Overlay (EAO) to 85 Maling Road, Canterbury. 8. Authorise the Chief Executive Officer and the Director City Planning to undertake minor administrative changes to the amendment and associated planning controls that do not change the intent of the controls. Document information City of Boroondara Amendment C195 Page 2 of 109

3 Responsible director: John Luppino City Planning 1. Purpose The purpose of this report is to: Inform Council of the outcomes of the UPSC meeting on 7 April 2014 at which the UPSC considered the Panel report and officers response to the Panel s recommendations for Amendment C195 to the Boroondara Planning Scheme. A copy of the UPSC s resolution is shown in Attachment 8. Inform Council of the response from the owners of Maling Road to the UPSC s recommendation on 7 April 2015 to reduce the height limits for this site. Provide background information in support of the officers recommendation to Council to: a. Split Amendment C195 into two parts and abandon the part of Amendment C195 relating to 85 Maling Road (Amendment C195 Part 2). b. Adopt Amendment C195 Part 1 as shown in Attachments 1, 2 and 3 and the Maling Road Built Form Guidelines (MRBFG) as shown in Attachments 4 with the updated listed in Attachment 5. c. Commence a Section 20(4) amendment to seek the application of an Environmental Audit Overlay (EAO) to 85 Maling Road. 2. Policy implications and relevance to council plan Council Plan Amendment C195 implements the Council Plan by providing clear built form outcomes for the Maling Road Shopping Centre ( the Centre ). Introducing these controls will help to preserve the unique character of this centre for future generations. In particular, the amendment addresses the strategic objective of Theme 3 of the Council Plan , Enhanced Amenity. The aim of this objective is to improve and protect the character of our neighbourhoods by engaging with our community and striving to protect our natural and built environments. City of Boroondara Public Health and Wellbeing Plan Amendment C195 implements the Boroondara Public Health and Wellbeing Plan by promoting a level of change in the Centre that is sympathetic to the heritage streetscape that is highly valued by the community, while allowing development that provides opportunity for housing and improved levels of safety in the Centre. In particular, the Amendment addresses Strategy 2.1 of Theme 2: Liveable, sustainable health promoting city of Council s Health and Wellbeing Plan which seeks to ensure that health promoting principles [are considered] when planning and developing the built environment. City of Boroondara Amendment C195 Page 3 of 109

4 Plan Melbourne Amendment C195 supports Plan Melbourne by retaining the retail and service function of the Centre, while supporting a level of change that will respect the historic buildings that define the Centre s character. Further, the amendment proposes the use of mandatory height controls to protect this neighbourhood centre from inappropriate development. In particular, the amendment addresses Theme 4 of Plan Melbourne Create healthy and active neighbourhoods and maintain Melbourne s identity as one of the world s most liveable cities. This theme is reinforced through Direction 4.7 which advocates for the protection of Melbourne s heritage and acknowledges the important role it plays in peoples connections to where they live. It also addresses Direction 4.2, which encourages the creation of a network of 20-minute neighbourhoods to provide a range of services close to where people live. Further, initiative seeks to protect Melbourne s neighbourhood shopping centres and supports the use of mandatory height controls for these areas. 3. Background On 17 February 2014, the UPSC adopted the MRBFG and resolved to seek authorisation from the Minister for Planning to prepare and exhibit Amendment C195 to the Boroondara Planning Scheme. Authorisation to prepare Amendment C195 was granted on 23 May Exhibited Amendment C195 The exhibited Amendment C195 proposed to implement the adopted MRBFG; and apply building height and setback controls to 210 to 216 Canterbury Road and 2B Wattle Valley Road. Specifically, the exhibited amendment sought to: Apply a Design and Development Overlay Schedule 23 (DDO23) to all properties identified in the MRBFG (including 85 Maling Road). Amend Design and Development Overlay Schedule 20 (DDO20) to include 210 to 216 Canterbury Road and 2B Wattle Valley Road in a new Precinct 6. Rezone 85 Maling Road, Canterbury from the Neighbourhood Residential Zone 3 (NRZ3) to the General Residential Zone (GRZ). Apply the Environmental Audit Overlay (EAO) to 85 Maling Road, Canterbury. Exhibition Process Exhibition of the amendment commenced on 17 July 2014 and closed on 18 August Eleven (11) submissions were received to the amendment during exhibition including: four (4) submissions of support, three (3) supporting the overall amendment but requesting changes to a component of the amendment, and four (4) submissions objecting to the amendment. City of Boroondara Amendment C195 Page 4 of 109

5 The key issues raised by submitters include: Reducing the height limit proposed for 85 Maling Road (the former Bradshaw site) from 11 metres to 8.5/9 metres; and providing a setback greater than 3 metres from the shared boundary between 83 and 85 Maling Road. Adding a new guideline in DDO23 requiring air conditioning units and associated services to be screened from public view. Modifying the controls proposed for Canterbury Road and 2B Wattle Valley Road, Canterbury to ensure that these properties have the same residential setback requirements as the properties in DDO23 and maintain a landscaped setback to Canterbury Road. Changing the heritage grading for 2 Bryson Street from non- contributory to contributory. Officers reported the outcomes of the exhibition process to the UPSC on 20 October In response to the submissions received, officers recommended that the following changes be made to the exhibited amendment: Modify DDO23 to reduce the height limit for the triangular portion of the Bradshaw site from 11 metres to 8 metres. Modify DDO23 and the MRBFG to include a guideline that the sensitive residential interface setback should be landscaped. Update DDO23 and the MRBFG to include a new guideline stating that building services such as air conditioners should be screened from view and not be located on the front façade of a building. Update map 2 of DDO20 and the MRBFG to apply a 3 metre landscaped front setback to 210 to 216 Canterbury Road. Update the Boroondara Schedule of Gradings Map to show 2 Bryson Street as a contributory heritage place. At this meeting the UPSC resolved to modify DDO23 and DDO20 (now DDO16 resulting from the recent approval of Amendment C108) as recommended by officers, subject to 85 Maling Road being removed from the amendment. Panel Hearing The Panel hearing was held over two days on 8 and 22 December The Panel heard from four (4) submitters, including the two submitters who lodged late submissions (see below). Council received the Panel s report and recommendations on 10 February The report was publicly released on 10 March 2015 through Council s website and the Department of Environment, Land, Water and Planning s (DELWP) Amendments Online website. A copy of the Panel report is provided in Attachment 6. The Panel report and its recommendation were considered by the UPSC on 7 April City of Boroondara Amendment C195 Page 5 of 109

6 Late submissions Two late submissions were received prior to the commencement of the Panel hearing; one from a local resident, and one from a planning consultant representing the owner of 85 Maling Road (the Bradshaw Site). The late submissions were not considered by the UPSC on 20 October The local resident s key concerns related to the potential rezoning of 85 Maling Road from Neighbourhood Residential Zone - Schedule 3 (NRZ3) to the General Residential Zone (GRZ) and the height limit proposed for 85 Maling Road and Maling Road. The resident requested that the height limit for Maling Road be reduced to one storey and 85 Maling Road remain in the NRZ3 to limit future development to a maximum height of 8 metres. The submission from the legal representative for 85 Maling Road objected to the removal of the site from Amendment C195 and the UPSC s decision to retain the site in the NRZ. They did not oppose the planning controls exhibited for the site as part of Amendment C195. The late submitters concerns regarding the height limits applied to Maling Road were considered by the Panel and the UPSC as discussed further below. UPSC meeting 7 April 2015 On 7 April 2015, the UPSC considered the Panel s report and recommendations for Amendment C195 to the Boroondara Planning Scheme, and officers response to the Panel s recommendations. In addition to considering the Panel s and officers recommendations, the UPSC also considered the views of residents who presented at the meeting. Four of the eight residents who spoke at the meeting did not lodge a submission to Amendment C195 or participate in the Panel hearing. Refer to detailed discussion in the issues section below. 4. Outline of key issues/options Panel recommendations Overall the Panel was supportive of Amendment C195 and concluded that the amendment provides clear and sensible built form controls for Maling Road. The panel recommended that the amendment should be adopted as resolved by the UPSC on 20 October 2014 subject to the following changes: The Bradshaw site be retained within the amendment and rezoned to the General Residential Zone (GRZ); and Design and Development Overlay - Schedule 23 (DO23) should be modified to encourage a 3 metre landscaped setback along the Maling Road frontage of the Bradshaw site. City of Boroondara Amendment C195 Page 6 of 109

7 The Panel also agreed that the Boroondara Schedule of Gradings Map should be updated to show 2 Bryson Street, Canterbury as a contributory heritage place to Heritage Overlay - Schedule 149 (HO149). USPC recommendation to Council At the UPSC meeting on 7 April 2015, the UPSC agreed with the Panel that the amendment should be adopted by Council. However, the UPSC recommended a number of changes compared to the Panel s recommendations: Reducing the street wall and overall height limits to be applied to Maling Road. Excluding 85 Maling Road, Canterbury from the adopted amendment. Each of these will be discussed below. The table at Attachment 7 summarises the difference between the recommendations of the Panel and the UPSC recommendation from the 7 April 2015 Council meeting Maling Road, Canterbury The height limits proposed for Maling Road, Canterbury was not raised as a concern during the preparation of the MRBFG or during exhibition of Amendment C195. This issue was raised by two submitters during the Panel hearing process and had previously not been considered by the UPSC. The submitter requested a reduction in the building height for this property to allow for only single storey development. At the UPSC meeting on 7 April 2015, seven residents spoke on this issue and requested a reduced building height for the property. One resident spoke in relation to the location of air conditioning units on the facade of buildings. In response to the presentations made on the night, the UPSC resolved to reduce the height limit proposed for Maling Road from a mandatory overall height of 11 metres and discretionary street wall height of 9 metres, to a mandatory height limit of 8.5 metres for the entire site. The UPSC did not support limiting the height to only single storey. Feedback from the owners of Maling Road In accordance with the UPSC s resolution of 7 April 2015 (Attachment 8), officers wrote to the owners of Maling Road and sought their feedback on the changes to the height limits endorsed by the UPSC. The owners of Maling Road met with Strategic Planning Officers on 22 April 2015 and lodged a written submission. The owners strongly oppose the proposed changes to the height limit for this site. They request that the mandatory maximum 11 metre height limit and discretionary 9 metre street wall height detailed in the exhibited DDO23, and supported by the Panel, be retained. The owners are of the view that they are being unfairly targeted as a result of VCAT s decision to approve the development on 85 Maling Road. City of Boroondara Amendment C195 Page 7 of 109

8 The owners questioned Council s rationale for reducing the height limits for this site when the abutting heritage building exceed the height limits proposed by the UPSC. The owners are concerned that an 8.5 metre height limit would limit their ability to construct a development that could respond positively to the scale and architectural detailing of the abutting heritage building. They are also concerned that the reduced height would result in a development that is at odds with the scale of the other heritage buildings in the Centre. 85 Maling Road, Canterbury The UPSC did not agree with the Panel s recommendation that 85 Maling Road should remain part of the amendment and upheld the UPSC s decision from 20 October 2014 to remove this site from the amendment. Specifically, the UPSC resolved to: Endorse abandonment of that part of the amendment pertaining to the Bradshaw site at 85 Maling Road and excise it from the amendment, with the exception of the application of the Environmental Audit Overlay. To give effect to this recommendation through the Planning and Environment Act 1987, Council must resolve to formally abandon this part of the amendment and write to the Minister for Planning to advise that all or part of this amendment has been abandoned. Consequently, officers recommend that Council split amendment C195 into two parts: Amendment C195 Part 1 (Attachments 1, 2 and 3) - As per the UPSC resolution from 7 April 2015 relating to all Commercial 1 zoned land (with exception of public car parks); and Amendment C195 Part 2 - affecting 85 Maling Road, Canterbury. Officers recommend that Council resolved to abandon Amendment C195 Part 2 and adopt Amendment C195 Part 1 as recommended by the UPSC on 7 April Environmental Audit Overlay to 85 Maling Road If Council resolves to split the amendment into two parts and abandon the part of the amendment that pertains to 85 Maling Road, officers recommend that Council pursue a ministerial amendment, through Section 20(4) of the Planning and Environment Act 1987, to apply an EAO to 85 Maling Road. The application of the EAO formed part of the exhibited amendment, but is no longer applicable as it relates to land proposed to be excised from the Amendment C195 to form part of Amendment C195 Part 2. Given the past industrial use of the Bradshaw site, which included a service station, it is important that this overlay be applied to ensure this site is deemed suitable for sensitive uses prior to any works being carried out. The application of an EAO to the site was not disputed through any submission or by the owner at the Panel hearing. Consequently, officers believe a 20(4) amendment is appropriate in this instance. Officers from the DELWP have provided verbal advice, that a Section 20(4) ministerial amendment would be appropriate in this instance. This process would constitute the creation of a new planning scheme amendment and associated planning scheme amendment number. City of Boroondara Amendment C195 Page 8 of 109

9 Officers also note that the planning permit issued by VCAT for 85 Maling Road conditioned that an environmental audit be carried out prior to any development occurring. However, in the event that the planning permit for 85 Maling Road is not acted on, officers recommend that an EAO be pursed to ensure that any further development of this site is assessed for possible contamination and deemed suitable before any sensitive uses occur on the site. 2 Bryson Street, Canterbury The UPSC also agreed that the Boroondara Schedule of Gradings Map should be updated to show 2 Bryson Street, Canterbury as a contributory heritage place to Heritage Overlay - Schedule 149 (HO149), and adopted the updated Schedule of Gradings Map accordingly on 7 April This change is reflected in Map 1 of the updated DDO23 at Attachment Consultation/communication Officers consulted with the community at various stages of the amendment process. This included consultation with key stakeholders (including members of the Canterbury Residents Action Group) as part of the preparation of the MRBFG and the preparation of Design and Development Overlay - Schedule 23. Public exhibition was undertaken in accordance with section 19 of the Planning and Environment Act Notification letters were sent to owners and occupiers of directly affected and surrounding properties to the north and south of the adjoining railway line. Submitters to the amendment also had the opportunity to present their views to the independent Panel appointed to consider submissions to Amendment C195. All submitters, and directly affected property owners have been notified of this Council meeting, and were notified of the USPC meetings on 20 October 2014 and 7 April 2015 where they had to opportunity to present to the UPSC. 6. Financial and resource implications All costs associated with the preparation of the MRBFG and Amendment C195 will be met by the Strategic Planning Department 2014/15 budget. 7. Governance issues The implications of this report have been assessed against the requirements of the Victorian Charter of Human Rights and Responsibilities, including Council's Victorian Charter of Human Rights and Responsibilities Compatibility Assessment Matrix (Version 1, August 2011). The outcomes sought by this report will not negatively impact on the values identified in the Charter. The officers responsible for this report have no direct or indirect interests requiring disclosure. City of Boroondara Amendment C195 Page 9 of 109

10 8. Social and environmental issues The application of planning controls to Maling Road through DDO23 and DDO20 will have a positive impact on the Centre and Canterbury Road. The proposed DDOs provide additional design guidance over and above the heritage requirements already provided by the Heritage Overlay and Clause Local Heritage Policy. They also provide more prescriptive guidance on the type of development and design outcomes expected within this Centre. The combination of the existing heritage controls and the proposed DDOs will give the community, landowners and developers clear direction on the scale, form and design outcomes appropriate for Maling Road. The controls will ensure that the unique character of the Centre is preserved and protected from inappropriate development. Manager: Report officer: Zoran Jovanovski, Strategic Planning Amanda Seymour, Senior Strategic Planner, Strategic Planning City of Boroondara Amendment C195 Page 10 of 109

11 BOROONDARA PLANNING SCHEME DD/MM/2015 Proposed C195 SCHEDULE 23 TO THE DESIGN AND DEVELOPMENT OVERLAY Updated as per 7 April 2015 UPSC resolution Shown on the planning scheme map as DDO23. Maling Road Built Form Design Guidelines 1.0 Design objectives DD/MM/2015 Proposed C195 To preserve and maintain the historic streetscape of Maling Road. To maintain long range vistas of Malone Hotel Tower (208 Canterbury Road). To maintain the varied building heights and low rise scale of Maling Road. To ensure new buildings and additions in the centre respect and enrich the historic streetscape of Maling Road. To respect the character and amenity of surrounding residential areas. To improve the safety and amenity of public spaces including pedestrian walkways, Theatre Place and public car parks. 2.0 Permit requirements Mandatory requirements DD/MM/2015 Proposed C195 A permit cannot be granted for development that exceeds the mandatory requirements specified in this Schedule. The overall vertical height is measured from the natural ground level to the roof or parapet at any point, whichever is the greater. 3.0 Buildings and works DD/MM/2015 Proposed C195 Mandatory controls Buildings must not exceed the mandatory building heights detailed in Map 1 of this schedule other than: To accommodate roof top services that are hidden from view from any adjoining public space or designed as architectural roof top features. Roof top services includes but is not limited to plant rooms, air conditioning, lift overruns, roof top gardens, decks and communal outdoor spaces and their ancillary facilities. Where the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum overall building height may be exceeded by one (1) metre. Where an existing building on the subject land already exceeds the mandatory maximum height allowed under this Schedule. In this event, a permit can be granted to construct a building or carry out works to the same height as the existing building. Note: building height excludes roof top plant equipment or similar services. Discretionary controls Setbacks and street wall heights Buildings in a commercial zone must have a zero street setback. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 23 PAGE 1 OF 4 City of Boroondara Amendment C195 Page 11 of 109

12 BOROONDARA PLANNING SCHEME Upper level additions to significant and contributory heritage places shown on Map 1 of this schedule should be set back a minimum of 5 metres behind the street wall. A greater setback may be required for upper level additions to single storey significant or contributory heritage buildings to protect heritage values. The street wall of new developments on non-contributory properties in Map 1 of this schedule should reflect the street wall height of any abutting significant or contributory heritage buildings. If there are no abutting heritage buildings the street wall should not exceed 9 metres in height and read as no more than 2 storeys from the street. Development over a height of 9 metres should be setback a minimum of 5 metres behind the street wall. Building facades The primary facade of significant or contributory heritage buildings must be retained and restored as part of any buildings and works, wherever possible. New pedestrian access should not result in significant impacts on heritage facades of significant or contributory heritage buildings. Services, such as air conditioning units and plant equipment should not be located on the facade of buildings or external balconies facing the street. All services should be screened from view and integrated in the design of buildings. Interface with public spaces Properties with a frontage to a laneway, public car park or pedestrian walkway should, where possible: - Provide a zero setback to create a clearly defined street edge. - Incorporate active frontages, such as pedestrian access, outdoor seating, shop fonts and/or windows at ground level. - Incorporate windows and balconies on upper levels. - Incorporate lighting into the design of buildings and create clearly visible entrances. - Screen service areas from public view Maling Road The facade of new developments should: - Read as no more than two storeys to the street. - Demonstrate high quality architectural design that complements the heritage properties in the Maling Road streetscape. - Provide frequent pedestrian access and glazing at street level to activate the street and facilitate interaction between the internal ground floor uses and the street. - Incorporate vertical and horizontal architectural elements that reinforce the rhythm and fine grain character of the historic Maling Road streetscape. - Avoid large sections of blank, unarticulated walls along primary and secondary street frontages. - Incorporate weather protection above all footpaths in commercially zoned land. Awning heights should be continuous and match the awning heights of abutting significant or contributory heritage building. New development that abuts a 'sensitive residential interface' shown on Map 1 of this schedule should: DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 23 PAGE 2 OF 4 City of Boroondara Amendment C195 Page 12 of 109

13 BOROONDARA PLANNING SCHEME - Be set back from the side or rear boundary a minimum of 3 metres from a sensitive residential interface up to a height of 8 metres. Over a height of 8 metres the side or rear setback should be in accordance with Clause Standard B17 of the Boroondara Planning Scheme. The setback should be landscaped with plants that will provide visual screening of the building for surrounding residential areas. - Be articulated to reduce visual bulk and its dominance when viewed from Maling Road and Scott Street. Sheer, blank, unarticulated walls will be not supported. - Ensure the length of any side elevation responds to the siting and length of side walls of historic residences in the surrounding area. - Ensure the third floor is a recessive element. Use of lightweight materials and finishes are encourages for development over a height of 9 metres. New development should be designed to minimise amenity impacts on adjoining residences and demonstrate how overlooking and overshadowing impacts have been addressed in accordance with the objectives and standards of Clause of the Boroondara Planning Scheme. 4.0 Subdivision DD/MM/2015 Proposed C195 A planning permit is not required for subdivision. 5.0 Application requirements DD/MM/2015 Proposed C195 An application to develop land should include, as appropriate, the following information to the satisfaction of the responsible authority: - An urban design context report that demonstrates how the proposal addresses the objectives and design guidelines in this Design and Development Overlay. - Three dimensional drawings or photomontages taken from eye level, at various locations in and surrounding the centre that shows the proposed development in context with its surrounds. The image should demonstrate how vistas to the Canterbury Mansion building are maintained, and show views as you approach the centre from Maling Road and Scott Street. 6.0 Decision guidelines DD/MM/2015 Proposed C195 Before deciding on an application for a permit, the responsible authority must consider as appropriate: Whether the proposed development has a positive impact on the Maling Road heritage streetscape. Whether the development maintains long and short range views to landmark buildings in the centre. The visual and amenity impacts of the proposed development on the surrounding residential areas. Whether the proposed development improves natural surveillance of key pedestrian links, public car parks and other public spaces. Whether the proposed development has a positive visual impact on the south/west entry to the shopping centre. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 23 PAGE 3 OF 4 City of Boroondara Amendment C195 Page 13 of 109

14 BOROONDARA PLANNING SCHEME Map 1: Maling Road Built Form Map DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 23 PAGE 4 OF 4 City of Boroondara Amendment C195 Page 14 of 109

15 BOROONDARAPLANNING SCHEME 09/04/2015 C108 SCHEDULE 16 TO THE DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO16. NEIGHBOURHOOD CENTRES AND COMMERCIAL CORRIDORS 1.0 Design objectives 09/04/2015 C108 To ensure the height and setbacks of development maintain and enhance: the established streetscape and traditional, low-rise, high street character of neighbourhood centres. the established streetscape and commercial character of the commercial corridors. To achieve innovative, high quality architectural design that makes efficient use of land whilst enhancing the appearance and strengthening the identity of the neighbourhood centres and commercial corridors. To ensure appropriate development that is complementary to the existing neighbourhood character and has regard to adjoining residential amenity. To ensure development respects and enhances identified heritage buildings and precincts. 2.0 Buildings and works 09/04/2015 C108 Permit requirements A permit is required to construct a building or construct or carry out works. This does not apply to: The installation of an automatic teller machine. An alteration to an existing building facade provided: The alteration does not include the installation of an external roller shutter. At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing. An awning that projects over a road if it is authorised by the relevant public land manager. Building and Street Wall Height A permit cannot be granted to exceed the mandatory maximum street wall height and the mandatory maximum overall building height in the relevant Table and Map at Subclause 7.0 of this Schedule. For the purposes of this requirement: The street wall is the front façade of a building along all street frontages. A frontage onto public open space or public car park is treated as a frontage onto a street and is subject to the maximum streetwall height. The overall vertical height is measured from the natural ground level to the peak of the roof or parapet. A permit cannot be granted to exceed the maximum overall building height set out in the relevant Table and Map at Subclause 7.0 of this Schedule except: To accommodate roof top services that are designed as architectural roof top features or hidden from view from any adjoining public space. Roof top services includes but is not limited to plant rooms, air conditioning, lift overruns, roof top gardens, decks and communal outdoor spaces and their ancillary facilities. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 1 OF 38 City of Boroondara Amendment C195 Page 15 of 109

16 BOROONDARAPLANNING SCHEME Where the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum overall building height may be exceeded by one (1) metre. Where an existing building on the subject land already exceeds the mandatory maximum height allowed under this Schedule. In this event, a permit can be granted to construct a building or carry out works to the same height as the existing building. An application to reduce the street wall height in the relevant Table and Map at Subclause 7.0 of this Schedule must demonstrate how the design objectives of this schedule will be met. Setbacks Primary Street Frontage Where a preferred minimum upper storey setback is shown in the relevant Table at Subclause 7.0 of this Schedule, the building must be setback a minimum of 1.6 metres from the primary street frontage measured from the face of the building. The setback may be utilised for the purpose of the balcony. A permit cannot be granted to reduce this requirement, except for architectural features that enhance the façade articulation and create visual interest. Development up to the street wall height should be built on or within 200mm of the site boundary along all street frontages. This may be varied, if the setback is: designed as part of the public domain; and fully accessible to the public. For the purpose of this requirement, a frontage onto a public open space or public car park is treated as a frontage onto a street. Development above the street wall height should comply with the preferred minimum upper storey setbacks in the relevant Table at Subclause 7.0 of this Schedule. The setback for development above the street wall height is measured from the face of the building along the primary street frontage. Side Street Frontage Where a site is on a corner, development above the street wall height should provide the following setbacks along the side street frontage: 1.6 metres up to a building height of 14.5 metres; and 3 metres for building height in excess of 14.5 metres. The setback for development above the street wall height is measured from the face of the building along the side street frontage. An application to reduce the preferred upper storey setbacks must demonstrate how the design objectives of this Schedule and local planning policy at Clause have been met. From Residential Zones Where a rear boundary is shared with a property in a Residential Zone, any development must be set back: a minimum of three (3) metres; and in accordance with the provisions of Clause of the Planning Scheme thereafter. A permit cannot be granted to vary this requirement except where development: applies to alterations and/or additions to an existing building; or applies to a basement; or abuts a non-residential use. Where a service lane/laneway separates a rear boundary from a property in a Residential Zone, development should apply ResCode setbacks in accordance with the provisions of Clause of the planning scheme measured from the rear property boundary. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 2 OF 38 City of Boroondara Amendment C195 Page 16 of 109

17 BOROONDARAPLANNING SCHEME Where a side boundary is shared with a property in Residential Zone, a development should apply ResCode setbacks in accordance with the provisions of Clause of the planning scheme measured from the shared side property boundary. An application to reduce the rear or side boundary setback requirements must demonstrate how the design objectives of this schedule and local planning policy at Clause have been met. Public Acquisition Overlay Where a property boundary abuts/adjoins a Public Acquisition Overlay (PAO), buildings and works must be set back in accordance with the existing Schedule to the PAO. The responsible authority will only consider an application to encroach within a PAO where written consent can be provided from the acquiring authority for the land confirming that an encroachment into the PAO is appropriate. 3.0 Subdivision 26/07/2012 C107 A permit is required to subdivide land. 4.0 Decision Guidelines 09/04/2015 C108 Before deciding an application, the responsible authority must consider the following, as appropriate: Whether the proposed development achieves the design objectives and requirements of this schedule and local planning policy at Clause Whether the design of the development can accommodate an integrated mix of uses including retail, office/commercial and residential. Whether the proposed development is appropriately recessed to reduce potential amenity impacts on adjoining residential properties. Whether the proposed development is appropriately recessed to reduce visual bulk on service lanes/laneways. Whether the combination of heights, setbacks and design treatment of new buildings is sympathetic to the heritage place or adjoining the site. Whether the design of the proposed development supports the provisions of this planning scheme and in particular: Clause Heritage Policy. Clause Public Acquisition Overlay. Clause 55 objectives and standards. 5.0 Transitional arrangements 09/04/2015 C108 The requirements of this overlay do not apply to any planning permit application received by the responsible authority before the approval date of the amendment that introduced this schedule to Clause into the Planning Scheme. The requirements of Clause as in force immediately before the said approved date continue to apply. 6.0 Reference Document 09/04/2015 C108 Neighbourhood Centres and Commercial Corridors Guidelines, City of Boroondara, 2014 DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 3 OF 38 City of Boroondara Amendment C195 Page 17 of 109

18 BOROONDARAPLANNING SCHEME 7.0 Building height and setback requirements 09/04/2015 C108 Neighbourhood Centres The tables and maps outline the height and setback requirements for each Neighbourhood Centre. The Maximum Street Wall Height and the Maximum Overall Building Height are mandatory heights. Table 1: Ashburton Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 0 metres 8 metres 2 8 metres 5 metres 11 metres 3 9 metres 5 metres 11 metres 4 11 metres 0 metres 11 metres Note: Map 1 Ashburton Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 4 OF 38 City of Boroondara Amendment C195 Page 18 of 109

19 BOROONDARAPLANNING SCHEME Table 2: Ashwood Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 3 metres 11 metres Note: Map 2 Ashwood Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 5 OF 38 City of Boroondara Amendment C195 Page 19 of 109

20 BOROONDARAPLANNING SCHEME Table 3: Auburn Village Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 11 metres 0 metres 11 metres 2 11 metres 5 metres 14.5 metres Note: Map 3 Auburn Village Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 6 OF 38 City of Boroondara Amendment C195 Page 20 of 109

21 BOROONDARAPLANNING SCHEME Table 4: Balwyn Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 13 metres 6 metres 16 metres 2 9 metres 5 metres 11 metres 3 9 metres 0 metres 9 metres 4 11 metres 0 metres 11 metres Note: Map 4 Balwyn Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 7 OF 38 City of Boroondara Amendment C195 Page 21 of 109

22 BOROONDARAPLANNING SCHEME Table 5: Balwyn East Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 5 metres 14.5 metres 2 8 metres 5 metres 11 metres Note: Map 5 Balwyn East Neighbourhood Activity Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 8 OF 38 City of Boroondara Amendment C195 Page 22 of 109

23 BOROONDARAPLANNING SCHEME Table 6: Bellevue Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 3 metres 11 metres Note: Map 6 Bellevue Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 9 OF 38 City of Boroondara Amendment C195 Page 23 of 109

24 BOROONDARAPLANNING SCHEME Table 7: Belmore Heights Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 3 metres 11 metres 2 8 metres 3 metres 14.5 metres Note: Map 7 Belmore Heights Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 10 OF 38 City of Boroondara Amendment C195 Page 24 of 109

25 BOROONDARAPLANNING SCHEME Table 8: Boroondara Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 0 metres 8 metres 2 8 metres 3 metres 11 metres Note: Map 8 Boroondara Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 11 OF 38 City of Boroondara Amendment C195 Page 25 of 109

26 BOROONDARAPLANNING SCHEME Table 9: Burwood Village Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 5 metres 11 metres 2 9 metres 5 metres 11 metres Note: Map 9 Burwood Village Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 12 OF 38 City of Boroondara Amendment C195 Page 26 of 109

27 BOROONDARAPLANNING SCHEME Table 10: Canterbury Village Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 9 metres 5 metres 11 metres 2 8 metres 0 metres 8 metres Note: Map 10 Canterbury Village Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 13 OF 38 City of Boroondara Amendment C195 Page 27 of 109

28 BOROONDARAPLANNING SCHEME Table 11: Church Street Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 0 metres 8 metres 2 11 metres 0 metres 11 metres 3 11 metres 5 metres 14.5 metres Note: Map 11 Church Street Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 14 OF 38 City of Boroondara Amendment C195 Page 28 of 109

29 BOROONDARAPLANNING SCHEME Table 12: Cotham Village Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 11 metres 0 metres 11 metres 2 11 metres 5 metres 14.5 metres 3 8 metres 3 metres 11 metres Note: Map 12 Cotham Village Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 15 OF 38 City of Boroondara Amendment C195 Page 29 of 109

30 BOROONDARAPLANNING SCHEME Table 13: Deepdene Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 3 metres 11 metres Note: Map 13 Deepdene Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 16 OF 38 City of Boroondara Amendment C195 Page 30 of 109

31 BOROONDARAPLANNING SCHEME Table 14: Dickens Corner Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 5 metres 14.5 metres 2 9 metres 5 metres 11 metres 3 8 metres 5 metres 19 metres 4 8 metres 5 metres 14.5 metres Note: Map 14 Dickens Corner Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 17 OF 38 City of Boroondara Amendment C195 Page 31 of 109

32 BOROONDARAPLANNING SCHEME Table 15: East Camberwell Neighbourhood Centre - Height and Setback Requirements Area Maximum Street Wall Height Preferred Minimum Upper Storey Setback Maximum Overall Building Height 1 8 metres 3 metres 11 metres 2 8 metres 0 metres 8 metres Note: Map 15 East Camberwell Neighbourhood Centre - Built Form Areas Site constraints or context may mean it is not appropriate to develop to the full extent of the building envelope established by the building heights and setbacks specified in this Schedule. DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 16 PAGE 18 OF 38 City of Boroondara Amendment C195 Page 32 of 109