Amendment C179 C179 South Street MILS Precinct

Planning Panel Hearing

A Panel Hearing for Merri-bek Planning Scheme Amendment C179more was held by video conference on 4 May 2021. 

Plannning Panel Report

Council received a report from the independent Planning Panel on 10 May 2021.

The Panel report may be viewed here:

The recommendations of the Planning Panel Report for Amendment C179 will be considered by Council at a future meeting.

About Amendment C179

This amendment has been prepared by the Merri-bek City Council, which is the planning authority for this amendment.

The Amendment has been made at the request of G2 Urban Planning on behalf of Craigcare Victoria Pty Ltd.

Land affected by the amendment

77, 79, 83, 85, and 87 South Street, Hadfield.

What does Amendment C179 do?

The Merri-bek Industrial Land Strategy 2015-30 has identified the sites at 77-87 South Street Hadfield as being suitable for transitioning to a residential zone.

Amendment C179 proposes to rezone the land at 77, 89, 83, 85 and 87 South Street Hadfield from Industrial 3 Zone to Neighbourhood Residential Zone Schedule 1.

The current industrial zoning permits land uses that may cause land contamination. Amendment C179 also introduces an Environmental Audit Overlay to the rezoned sites to ensure any potentially contaminated land is identified and appropriately managed in accordance with State Government legislation.

Amendment C179 to the Merri-bek Planning Scheme proposes to:

  • Rezone land at 77, 79, 83, 85, and 87 South Street, Hadfield from the Industrial 3 Zone to the Neighbourhood Residential Zone (Schedule 1).
  • Apply the Environmental Audit Overlay to land at 77, 79, 83, 85, and 87 South Street, Hadfield.
  • Amend the Strategic Framework Plan at Clause 21.02 to identify the land as residential, consistent with the intent of the rezoning.

Why is this amendment required?

The Moreland Industrial Land Strategy (MILS) identifies the above South Street properties as being appropriate for a future transition to residential use. The MILS was incorporated into the Merri-bek Planning Scheme through Amendment C158 on 6 April 2017.

The Neighbourhood Residential Zone will achieve the future residential outcomes sought by MILS for the properties in this amendment.

Ministerial Direction No. 1 - Potentially Contaminated Land (Direction No. 1) requires planning authorities to satisfy themselves that the environmental conditions of land proposed to be used for a sensitive use (including residential dwellings).

To ensure that the environmental conditions of the land are appropriate for any sensitive use, an Environmental Audit Overlay (EAO) is proposed to be applied to the land. The EAO will require an environmental audit to be undertaken where a residential or other sensitive use or the construction of a building associated with a sensitive use is proposed on the land.

My business operates on these sites – what does this zoning change mean for me?

Permitted businesses operating before a change in planning zone have ‘existing use rights’. A business currently operating at the above listed South Street sites will be able to continue operating under the proposed zone change - you will not need to apply for a planning permit for your existing permitted business.

To retain existing use rights, an industrial or commercial use must not stop operating for a continuous period of 2 years, or two or more periods of time which together total two years in any three-year period.  Contact Council if you have any questions about retaining your existing use rights.

What if I want to expand my existing business or increase the floor area?

The planning scheme allows an industrial or commercial business operating under existing use rights in a Neighbourhood Residential Zone to apply for a planning permit to change existing buildings, including to increase floor area. However, the proposed change must not intensify the use so that surrounding residential amenity is not damaged by a change in activities. If you are considering expanding your business, Council Officers are available to discuss how this proposed zoning change affects you.

What changes will the Neighbourhood Residential Zone bring about?

The Neighbourhood Residential Zone identifies land as being primarily suitable for housing. Some of the sites affected by this amendment are already occupied by residential houses, and surrounding land to the east, south and west is zoned Neighbourhood Residential Zone 1.

The Neighbourhood Residential Zone 1 seeks to:

  • Manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics.
  • Restrict development to two storeys or 9 metres in most circumstances.

How to find out more

All documents associated with Amendment C179 can be found in the key documents section on the right hand side of this web page. We can post you paper copies if you require this - please contact us to make a request.

The amended documents can also be found on the Department of Environment, Land, Water and Planning website.

Council Planning Officers are here to answer your questions about the amendment. If you'd like to discuss how the changes might affect you, please contact the Strategic Planning Unit on 9240 1111.

Have your say

Submissions closed on 7 November 2020.  Thank you to those who made a submission. 

Copies of the submissions received by Council can be viewed under 'Key Documents' on the right hand side of this page.

Privacy

Please be aware that Merri-bek City Council collects information from organisations and individuals during the planning scheme amendment process through submissions made to an Amendment. Submissions may be hand written, electronic (both written and audio-visual) and often contain images, maps and plans. Submissions frequently contain personal information which at times may be sensitive for commercial, health or other reasons.

Natural justice and transparency are important parts of the Planning Scheme Amendment process. Under section 21(2) of the Planning and Environment Act 1987 (Vic), Council must make all submissions to an Amendment available to view by any person at its offices for a period of two months after the Amendment is gazetted or lapses. This includes all personal names, telephone and address details, unless specifically requested to be deleted prior to the submission being made publicly available.

Submissions are used by Council when assessing the Amendment and summaries of your submission are included in any Council report that considers the Amendment following the close of exhibition. Your submission will also be used and disclosed in the public process of a Panel Hearing if one is required. Any submission forwarded to Planning Panels Victoria will be managed with in accordance with their privacy policy.

Publication of Submissions on Council’s Website

Council will make all submissions available to view online on its website during the Planning Scheme Amendment process. All submissions made available online will be redacted to remove personal names, telephone and address details. Submissions will be removed from the website once the Amendment is finalised.

Use of your personal information

In accordance with the Privacy and Data Protection Act 2014 (Vic) and Health Records Act 2001 (Vic) the personal information submitted by you is being collected by Merri-bek City Council for the submission process and it will not be disclosed to any other external party without your consent, except as a requirement of the Planning and Environment Act 1987 (Vic). This includes disclosing your personal information upon request (name and phone number only) to any person during the Planning Scheme Amendment process.

If you do not provide your name and address Council will not be able to consider your submission.

You can gain access to the personal information you have provided to Merri-bek City Council and if you wish to alter it, please contact Council’s Privacy Officer via telephone on 9384 9111 or e-mail at Privacyofficer@moreland.vic.gov.au

For more information regarding Merri-bek's privacy policy you can visit our privacy web page.

Further Information

For further information or to discuss how the changes might affect you please phone Council's Strategic Planning Team on 9240 1111 or email strategicplanning@moreland.vic.gov.au.

We appreciate these documents are not always easy to understand, so please contact us if you need any assistance. All meetings will be undertaken via teleconference.

The documents on the right hand side of this page are in PDF-only format. If you have trouble opening or viewing a PDF document, contact us and we will arrange to provide the information in a format that suits your needs. You can find out more about this on our accessibility web page.

Information in community languages is available from Moreland Language Link.