Planning and Environment Act 1987 Panel Report Hobsons Bay Planning Scheme Amendment C99 ‘The former Nugget Factory, Williamstown’ 25 September 2014 Planning and Environment Act 1987 Panel Report pursuant to Section 25 of the Act Hobsons Bay Planning Scheme Amendment C99 ‘The former Nugget Factory, Williamstown’ 25 September 2014 Jenny Moles, Chair Hobsons Bay Planning Scheme Amendment C99  Panel Report  25 September 2014 Amendment Summary The Amendment Hobsons Bay Planning Scheme Amendment C99 Common Name ‘The former Nugget Factory, Williamstown’ Subject Site 16‐20 Kanowna Street, Williamstown Purpose of Amendment Application of an individual place Heritage Overlay and related updating of the Planning Scheme and Heritage Study The Proponent Hobsons Bay City Council Planning Authority Hobsons Bay City Council Authorisation AO2704 of 17 December 2013 Exhibition 30 January – 14 March 2014 Panel Process The Panel Jenny Moles Directions Hearing Friday 16 May 2014 at Altona Beach Panel Hearing No Hearing was held Site Inspections Unaccompanied. Friday 16 May 2014 Appearances at the Mr Ragu Appudurai of Russell Kennedy lawyers appeared for the Planning Authority Directions Hearing Mr Mark Naughton of Planning Property Partners appeared for the submitter Submissions One submission was received in response to exhibition from Urbis Pty Ltd acting for NP Development Pty Ltd, the owner Date of this Report 25 September 2014. 1 Panel advice and reasons Hobsons Bay Planning Scheme Amendment C99 (the Amendment) was prepared by the Hobsons Bay City Council as Planning Authority. As exhibited, the Amendment proposed to:  Amend the schedule to Clause 43.01: Heritage Overlay to include Heritage Overlay – Schedule 317: The Former Nugget Factory  Amends Planning Scheme Map 19HO to apply Heritage Overlay – Schedule 317: The Former Nugget Factory  Consequently amend the citation to Heritage Overlay – Schedule 8: Government Survey Heritage Precinct citation to list the Former Nugget Factory as contributory to the precinct  Amend Clauses 21.06, 21.10 and 22.01 to remove reference to the Hobsons Bay Heritage Study Amended 2010 and replace it with the Hobsons Bay Heritage Study Amended 2014. The Amendment applies to land formally known as Lot 3 on Title Plan 852861D at 16‐20 Kanowna Street, Williamstown. It is developed with a building first constructed in the late 1880s as a steam laundry. The building was later converted for use as a shoe (and later floor) polish factory in the early 20th century. The building was substantially altered during the period after the second world war but before 1960. The site forms part of a wider site known as the Port Phillip Woollen Mills development area. Figure 1: Subject building (at left) – Panel photograph. 2 The Amendment, which was initiated by the Council in December 2013, was authorised by the Department of Transport, Planning and Local Infrastructure (DTPLI) on 17 December 2013. The Amendment was placed on public exhibition between 30 January and 14 March 2014 and one opposing submission was received from the developer of the wider Woollen Mills site on 13 March 2014. The issues raised in the submission were:  The proposed planning controls were inappropriate.  The site specific Heritage Overlay was not warranted.  No independent expert opinion provides the justification for the amendment.  The proposed Amendment was inconsistent with the evidence before two previous hearings related to the wider woollen Mills site. At its meeting of 8 April 2014, the Council resolved to refer the submission to a Panel and a formal request to appoint a Panel was received on 9 April 2014. The Panel to consider the Amendment was appointed under delegation from the Minister for Planning on 16 April 2014 and comprised Jenny Moles (Chair). A Directions Hearing was held in relation to the Amendment on 16 April 2014. Those in attendance at the Panel Hearing are listed earlier in the report Summary. Following the Directions Hearing, the Panel undertook an inspection of the subject site and its surrounds. The Directions Hearing was devoted to a request by the submitter for an adjournment of the Panel Hearing which had been provisionally scheduled for the week of 9 June 2014. It was explained that the wider Woollen Mills site had been the subject of protracted redevelopment application processes, most lately before the Victorian Civil and Administrative Tribunal. The Tribunal proceedings were as yet incomplete and would likely have implications for the progress of the Amendment. Having also heard from the Council representative, who opposed the adjournment of the Panel Hearing, the Panel allowed the request for adjournment. Written reasons were provided. In subsequent weeks there were other requests by the Council to further delay the dates for the Hearing. Eventually, the Tribunal by orders in proceedings P3193/2012 and P1401/2013 NP Development Pty Ltd v Hobsons Bay CC & Ors [2014] VCAT 861 effectively allowed demolition of the subject building on 25 July 2014. The Council then requested time to formally consider its position in relation to the Amendment. This occurred at the Council meeting of 23 September 2014 when it was resolved to abandon the Amendment. The Panel was advised of the formal Council resolution to abandon on 24 September 2014. The submitter, in response to a written query by the Panel, indicated that he did not oppose the Panel preparing a short report indicating why it had not given any consideration to the Amendment. 3 In the above circumstances, the Panel has no role to play in advising the Council in relation to this Amendment. The Panel has therefore not considered the merits of the Amendment. The Panel notes that the Hobsons Bay City Council has abandoned Amendment C99 to the Hobsons Bay Planning Scheme and therefore makes no recommendation in relation to the Amendment.