Neighbourhood Character Study &
New Residential Zones
Methodology and Implementation Report
October 2013
Table of contents
Executive Summary
i
PART A -NEIGHBOURHOOD CHARACTER PRECINCT STATEMENTS
1
1.
Why prepare a Neighbourhood Character Study?
2
2.
What is 'neighbourhood character'?
2
3.
3.1.
3.2.
Project Aims, Objectives and Scope
Aims & Objectives
Study-scope
3
3
3
4.
4.1.
4.2.
4.3.
Regulatory Context
Current planning controls
Proposed planning controls
Current building controls
4
4
8
10
5.
5.1.
5.2.
5.3.
5.4.
Policy Context
State Planning Policy Framework
Draft Metropolitan Planning Strategy - Plan Our Melbourne
Local Planning Policy Framework
Practice Notes
11
11
11
12
12
6.
6.1.
6.2.
Review of Background Reports
Residential Urban Character Study 1996 (RUCS)
Residential Design Policy
15
15
15
7.
7.1.
7.2.
7.3.
The Character of Boroondara
Topography
Settlement pattern
Lot sizes
17
17
17
18
8.
8.1.
8.2.
8.3.
8.4.
8.5.
Methodology
Stage 1 - Background research, analysis and fieldwork
Stage 2 - Identification of valued neighbourhood character elements
Stage 3 - Neighbourhood Character Precinct Assessment
Stage 4 - Draft Precinct Statements & Design Guidelines
Stage 5 - Final Precinct Statements & Council Adoption
21
21
21
22
23
23
9.
9.1.
9.2.
9.3.
9.4.
Community Consultation
Stage 1 Consultation - Identifying valued character elements (September - October 2011)
Stage 2 Consultation - Draft Precinct Profiles & Design Guidelines (February 2012)
Stage 3 Consultation - Draft Precinct Statements (June 2012)
Summary of community feedback
25
25
26
26
27
10.
The Precinct Statements
28
PART B - IMPLEMENTATION OPTIONS
30
11.
11.1.
11.2.
11.3.
31
31
31
33
Implementation Options
Implementation Objectives
Statutory Options
The new residential zones
PART C - FROM PRECINCT STATEMENTS TO NEW RESIDENTIAL ZONES
35
12.
12.1.
12.2.
12.3.
12.4.
36
36
40
41
41
Translating Precinct Statements into the new zones
Establishing broad character types
Defining sub-categories
Re-defining neighbourhood character precinct boundaries
Matching Neighbourhood Character Precincts with Character Types
PART D - PROPOSED PLANNING CONTROLS
43
PROPOSED PLANNING CONTROLS
43
13.
13.1.
13.2.
13.3.
13.4.
Proposed Residential Zones
Neighbourhood Residential Zone
General Residential Zone
Residential Growth Zone
Mandatory height limits explained
44
44
47
51
51
14.
14.1.
14.2.
Design and Development Overlays
Design and Development Overlay 21 - Single Storey Character Precincts
Design and Development Overlay 22 - Low Front Fence Precincts
53
53
54
15.
15.1.
15.2.
Local Planning Policies
Neighbourhood Character Policy (Clause 22.07)
Discretionary Uses in Residential Areas Policy (Clause 22.04)
55
55
55
16.
Transitional arrangements
56
17.
Subdivision of lots smaller than minimum area required
57
18.
18.1.
18.2.
18.3.
Will the application of the residential zones limit growth?
58
Current development patterns
58
Planning for Council’s Activity Centres, Neighbourhood Shopping Centres and Commercial Corridors 60
Capacity for residential growth
61
APPENDICES
62
Executive Summary
Over the past five years, the City of Boroondara has undertaken
extensive strategic analysis to guide residential development, to
better manage residential growth and to respond to the continuous
feedback we receive from the local community.
The preparation of the Neighbourhood Character Study (NCS) is a
key component of this work and presents an excellent basis for the
implementation of the new residential zones released by the
Victorian State Government on 1 July 2013.
Neighbourhood Character Precinct Statements
The NCS was prepared throughout 2011 and 2012 with extensive
engagement and feedback from the local community. This process
has resulted in the designation of 75 Neighbourhood Character
Precincts. Council sought input form the local community to get a
clear understanding what it is that the local residents value about
the area they live in. For each precinct a Precinct Statement has
been prepared and tested with the community that describes the
precincts and its key character elements, a preferred future
character and design guidelines that will assist in protecting the
valued character.
Implementation
During the preparation of the NCS and the Precinct Statements the
Victorian Government announced the introduction of new
residential zones.
A synergistic relationship exists between the implementation of the
NCS and Precinct Statement and new residential zones. The NCS
and Precinct Statements provide a strong strategic basis for
applying the new residential zones. Similarly, the new residential
zones incorporate useful statutory tools (such as dwelling density
requirements and height limits) to will assist in achieving
development outcomes that are consistent with the preferred future
character set out in the Precinct Statements.
The protection of the established character of the City’s residential
areas that is so highly valued by the local community is the guiding
principle that Council is seeking to achieve.
From Precinct Statements to the new residential zones
To enable translation of the Precinct Statements into the new
residential zones, Council identified four broad character types Suburban, Inner Urban, Contemporary Townhouse and Main Road
Apartments. Based on a series of criteria, these four character
types were further refined to allow a more locally specific
implementation of the Neighbourhood Character Precinct
Statements. This resulted in some refinement of precinct
boundaries to better reflect local conditions. As a last step, each
precinct was matched with a character type that would assist in
translation into one of the new residential zones.
Diagram 1: Overall Project Methodology
i
The proposed planning controls
Based on the character type and the particular character elements that are intended to be protected, a suite of
schedules to the residential zones and other planning controls were prepared. These controls establish
customised dwelling density, building envelope and siting requirements for new residential development. In
addition, Design and Development Overlays and local policies are also proposed to achieve the preferred
character identified for the City's residential areas.
Overall the following planning controls are proposed to protect and enhance the character of the City:











Neighbourhood Residential Zone 1 for traditional suburban areas characterised by single, detached
dwellings with a consistent spine of open backyards.
Neighbourhood Residential Zone 2 for areas characterised by single dwellings which are generally
closely set or semi-detached.
General Residential Zone 1 for areas with a suburban, detached character, but which lack a consistent
spine of open backyards due to the siting of dwellings on the block or the prevalence of multi-unit villa
developments.
General Residential Zone 2 for areas characterised by attached dwellings and town houses or a mix of
dwelling types.
General Residential Zone 3 for areas characterised by a mix of dwelling types, including a high proportion
of walk-up flats.
General Residential Zone 4 for "super-sized" lots that are of a size allowing development higher than the
surrounding zone without detrimentally impacting the character of the area.
Residential Growth Zone for main road corridors characterised by a high proportion of apartment
buildings up to four (4) storeys in height.
Design and Development Overlay 21 to protect the single storey character of areas characterised
predominantly by single storey dwellings.
Design and Development Overlay 22 to protect areas with consistent low front fences from higher fences
that disrupt the consistency and character of streetscapes.
Updated Neighbourhood Character Policy (Clause 22.07) which translates the key aims of the
Neighbourhood Character Study Precinct Statements into planning policies and gives status to these
Statements and this report by including them as reference documents to the Boroondara Planning Scheme
(BPS).
Updated Discretionary Uses in Residential Areas Policy (Clause 22.04) which ensures the
Neighbourhood Character Study Precinct Statements are referred to when making decisions about the use
and development of non-residential uses in residential areas.
A strategic and balanced planning framework
The application of the new residential zones cannot be considered in isolation of other strategic work Council is
currently undertaking and in the process of implementing into the BPS. Extensive work is also being
undertaken in relation to Council’s activity centres, neighbourhood shopping centres and commercial corridors.
The regulatory framework Council is seeking to implement through these various pieces of work establishes a
clear vision to guide residential development into targeted areas while ensuring that the valued character and
amenity of established residential areas is protected and preserved.
The research undertaken clearly indicates that the development capacity within activity centres, neighbourhood
shopping centres and commercial corridors is sufficient to match the expected growth until 2031. In addition,
the spatial distribution of the new residential zones clearly matches the development activity occurring
throughout the municipality. The overwhelming majority of multi-unit developments approved by Council are
dual-occupancies which are located in the areas Council is seeking to rezone to the Neighbourhood Residential
Zone. This will ensure the most valued areas are protected from inappropriate development and residential
densification.
ii
Part A
Neighbourhood Character
Precinct Statements
1
1.
Why prepare a Neighbourhood Character Study?
Residents in Boroondara place a high value on the unique characteristics of the municipality, and particularly
the area in which they live. The NCS was initiated in order to help manage change in residential areas and to
ensure the characteristics most valued by the community are maintained.
At the time the NCS was initiated, policy direction relating to neighbourhood character was provided in the
Residential Urban Character Study 1996 (RUCS). This Study was implemented via the Neighbourhood
Character Local Policy at Clause 22.07 of the Boroondara Planning Scheme (BPS).
Given the extent of development that has occurred since 1996, the RUCS is no longer considered to provide an
accurate reflection of the City's character. This, therefore, reduced the effectiveness of the RUCS and Local
Policy to guide decision-making for development proposals.
Since the completion of the RUCS, various community consultation exercises conducted by Council have
highlighted the significant concern amongst the community about the nature and extent of unsympathetic
developments. These developments are perceived to be negatively impacting on the look and feel of the City's
residential areas.
Given the reduced effectiveness of current strategies and policy guidance regarding neighbourhood character,
change is required to strengthen Boroondara's policy and regulatory framework for protection of neighbourhood
character. A review of the RUCS was therefore required as a starting point.
2.
What is 'neighbourhood character'?
Neighbourhood character can be summarised as the look and feel of an area. The State Government’s
Practice Note highlights that in its broadest use, all elements of the public and private realm contribute to the
character of an area. Thereby the character of a particular neighbourhood is influenced by the style, design
and era of buildings, subdivision pattern, topography, gardens, vegetation, nature strips, street trees, roads,
parks, views, vistas, traffic and overhead services.
As this study aims to achieve outcomes through the planning system, it focuses on the key features of the
private realm that can be influenced through the planning process. These are:

the subdivision pattern (including lot dimensions)

the layout and siting of buildings (including front, side and rear setbacks and the location of car parking
structures)

the style, era and design of buildings

the height and bulk of buildings

the size of front and rear gardens

the style of landscaping and the presence of mature trees

front fencing (including height and style)
In some cases these elements are highly consistent, creating a uniform character. This is often the case where
areas have been subject to little recent redevelopment and retain much of their original building stock.
In other instances some or all of these elements vary from property to property or from street to street, creating
a diverse, yet still often identifiable character.
The lack of uniformity does not necessarily mean that an area has no distinguishing or valued characteristics.
All streets and suburbs have an identifiable character, even if this character is distinguishable by its diversity.
2
3.
Project Aims, Objectives and Scope
3.1.
Aims & Objectives
The key aim of preparing the Neighbourhood Character Study was to enhance Council's ability to protect the
valued characteristics of the City's residential neighbourhoods.
The objectives of the Study were therefore defined as follows:

To identify neighbourhood character precincts composed of residential streets that share common
characteristics

To identify the distinctive characteristics and valued elements of each neighbourhood character precinct

To establish the preferred character of each neighbourhood character precinct that maintains and
enhances the precinct's distinctive and valued elements

To establish design guidelines to achieve the preferred character of each precinct

To identify targeted planning mechanisms and other actions for each precinct as appropriate aimed at
achieving the precinct's preferred character
While the Study identified whether each neighbourhood character precinct had a uniform or diverse character,
identifying areas of "special character" for additional statutory controls was not a primary objective. Instead the
Study aimed to identify the valued characteristics of each precinct and recommend planning controls aimed at
maintaining and enhancing those valued elements.
3.2.
Study-scope
To achieve these aims the scope of the NCS was limited to an analysis of residential zoned areas only.
Accordingly, the following matters were in scope and out of scope:
In scope:

Areas zoned for residential purposes - i.e. Residential 1 and 2 zones (R1Z and R2Z)

The character of residential zoned areas

Non-residential uses and buildings within residential zoned areas
Out of scope:

Areas zoned for business, public use or other non-residential purposes

Land within the Mixed Use Zone

The provision or character of parks and gardens

General amenity issues such as overshadowing and overlooking

Design guidelines for public spaces, including nature strips and street trees

Traffic and car parking
3
4.
Regulatory Context
The planning and building permit application processes establish the regulatory frameworks for new
development. These processes influence the siting and design of new buildings across the City.
4.1.
Current planning controls
The planning permit application process provides Council with the opportunity to undertake a rigorous
assessment of a development proposal against the policies and guidelines contained in the BPS. This process
also provides for public notification of development proposals as well as giving third parties the opportunity to
have Council’s decision reviewed by the Victorian Civil and Administrative Tribunal (VCAT).
Residential 1 Zone
The majority of residential areas are included within the Residential 1 Zone (R1Z). The R1Z requires a planning
permit to construct a single dwelling on all lots less than 500 square metres in area. A planning permit is also
required to construct more than one dwelling on a lot or construct additional dwellings on a lot that already
contains a single dwelling.
All planning permit applications triggered by the R1Z are assessed against the siting and design requirements
ResCode (Clause 54 and 55 of the Planning Scheme).
Residential 2 Zone
A small area of land on the south west side of Hawthorn East bounded by Toorak Road, Tooronga Road, the
Monash Freeway and the former gasworks site is subject to the Residential 2 Zone (R2Z).
The same permit requirements apply under the R2Z as the R1Z for the construction of a single dwelling on a lot
less than 500 square metres and the construction of more than 1 dwelling on a lot. However, the key difference
of the R2Z is that both of these permit applications are exempt from notice requirements and review rights. This
means that applications to develop one or more dwellings are not advertised to the surrounding properties and
cannot be appealed at VCAT.
Residential 3 Zone
No land within the City of Boroondara is within the Residential 3 Zone (R3Z).
The purpose of the R3Z is to encourage residential development that respects neighbourhood character and to
limit the maximum height of dwellings. The same planning permit requirements apply under the Residential 3
Zone as the Residential 1 Zone for the construction of a single dwelling on a lot less than 500 square metres
and the construction of more than 1 dwelling on a lot. A mandatory maximum height limit of 9 metres applies to
land in this zone.
Mixed Use Zone
The Mixed Use Zone (MUZ) is essentially a residential zone but provides for more non-residential uses to be
established subject to a planning permit being issued. As detailed above, areas within the MUZ were excluded
from the scope of the NCS and the MUZ is proposed to be retained for these areas.
There are two areas within the municipality that are included in the MUZ:
Toorak Road
Located on the northern side of Toorak Road between Tooronga and Auburn Roads, Hawthorn East this
stretch of MUZ is located within the Tooronga Commercial Corridor forming part of the Neighbourhood
Shopping Centre and Commercial Corridor Guidelines. These guidelines and associated planning controls
proposed through Amendment C108 provide land use and built form guidance. Inclusion in the NCS and
rezoning to one of the new residential zones is therefore not necessary.
4
Former Hawthorn Tram Depot
This site is located on the south-west corner of Power Street and Wallan Road, Hawthorn. The site is affected
by a Heritage Overlay (HO133) with the remaining heritage building having been converted into residential
apartments. Given the heritage value of the site and the fact that it has already been redeveloped for residential
purposes, it is considered unlikely to change. Further design guidance for the site is therefore not considered
necessary and the site has been excluded from the scope of the NCS.
ResCode
ResCode sets out performance objectives and standards relating to overshadowing, overlooking, visual bulk,
car parking, neighbourhood character, front fences, permeable surfaces and private open space. These
provisions are contained at Clause 54 and 55 of the Planning Scheme and apply to all planning permit
applications for the construction or extension of single or multi-unit dwellings.
ResCode includes default standards for street setbacks, building heights, site coverage, side and rear
setbacks, private open space and front fence heights. These standards can be customised by individual
Councils using the schedule to the residential zones. The default ResCode standards currently apply in the City
of Boroondara.
Heritage Overlays
The City of Boroondara contains a large number of heritage precincts and individually significant heritage
properties which are included in the Heritage Overlay. In some instances site are also listed on the Victorian
Heritage Register (VHR) and Heritage Victoria is responsible for issuing planning permits for redevelopment.
Most Heritage Overlays are concentrated in the core of the municipality which contains the oldest building stock
as show in Map 1 (page 7).
Properties in the Heritage Overlay are subject to a high level of planning oversight, requiring a planning permit
for all external alterations and additions, including construction of front fences and all demolition works.
Landscape, Vegetation and Environmental Significance Overlays
The Yarra River has a unique character created by its undulating terrain and natural setting. Land immediately
adjoining and close to the Yarra River are affected by the Environmental Significance Overlay Schedule 1
(ESO1) to which aims to protect the environmental and landscape qualities of the corridor. The ESO1 (together
with a Design and Development Overlay - see below) was introduced by the Minister for Planning on an interim
basis in…. The control expires on 31 October 2014. Introduction of permanent planning controls for the Yarra
River Corridor is currently being investigated by Council and the Department of Transport, Planning and Local
Infrastructure (DTPLI) and would require a separate amendment to the BPS.
A Significant Landscape Overlay Schedule 2 (SLO2) applies to land along the Eastern Freeway and land
adjoining the freeway. The key aim it to protect areas along and within the Yarra River Valley from visual
intrusion.
In addition, a Vegetation Protection Overlay (VPO) applies to the Willsmere area in Kew which aims to protect
the historical, landscape and botanical significance of trees in the vicinity.
A map showing existing Significant Landscape, Vegetation Protection and Environmental Significance Overlays
is available at Map 2 (page 8).
5
Map 1: Existing Heritage Overlays
6
Map 2: Existing Vegetation Protection, Landscape Significance and Environmental Significance Overlays
7
Design and Development Overlays
The following residential areas are included in a Design and Development Overlay (DDO) which set out specific
design requirements for the area:

Willsmere Design and Development Area (DDO1) - Applies to land adjoining the former Kew Residential
Services site which was developed as part of a comprehensive development in the 1980s and 90s. The
overlay sets out detailed building height and design requirements for the estate. The Planning Scheme
Review adopted in 2011 recommends retaining the overlay and renaming it to "Willsmere Area"

Willsmere Historical Building Design and Development (DDO2) - Applies to the former Kew Residential
Services heritage building. The overlay sets out building height and design requirements for the site. The
Planning Scheme Review adopted in 2011 recommends retaining the overlay and renaming it to
"Willsmere Historic Building Area"

Monomeath Design and Development Area (DDO4) - Applies to Monomeath Avenue, Canterbury. The
overlay prohibits subdivision.

Yarra River Corridor Protection (DDO31) - Applies to land adjoining the Yarra River Corridor. Applies a
mandatory maximum height limit of 9 metres. This is an interim control which expires on 31 October 2013.
The Department of Transport, Planning and Community At the time of writing, the Department of Transport,
Planning and Community Development were determining the process proposed for making these
provisions permanent. This is likely to occur via BPS Amendment C75.
A number of other Design and Development Overlays apply to various commercial corridors, shopping centres
and specific non-residential sites.
A map showing the location of the existing Design and Development Overlays is shown at Map 3 (page 10).
4.2.
Proposed planning controls
On 1 July 2013, the Minister for Planning gazetted the following new residential zones:

Residential Growth Zone (RGZ) - Intended to provide for higher density housing in buildings up to four
storeys. Default discretionary height limit of 13.5m.

General Residential Zone (GRZ) - Intended to provide for moderate housing growth. Default discretionary
height limit of 9m.

Neighbourhood Residential Zone (NRZ) - Intended to provide for limited growth. Default mandatory
height limit of 8m. Default mandatory multi-unit provision allowing only 2 dwellings on a lot. Opportunity to
specify a minimum subdivision area.
Schedules can be applied to each zone that specify variations to ResCode (Clause 54 and 55), building height
limits and dwelling density requirements (Neighbourhood Residential Zone only).
All Victorian Councils have until 1 July 2014 to introduce the new zones. After this date the General Residential
Zone will be applied to all residential land in municipalities where councils have chosen not to introduce the
new zones. Introduction of the new zones after 1 July 1024 will require a full planning scheme amendment,
including public exhibition and panel review process.
8
Map 3: Existing Design and Development Overlays
9
4.3.
Current building controls
Pursuant to current residential zoning controls, a planning permit is not required for the construction of a single
dwelling on lots larger than 500 square metres (unless the requirement for a planning permit is triggered by an
overlay). In those instances only a building permit is required in order to construct a single dwelling.
The building permit application process focuses on structural integrity and safety, requiring compliance with the
Building Code of Australia, the Victorian Building Act 1993 and the Victorian Building Regulations 2006. These
provisions include minimum standards relating to the siting and scale of dwellings which can be varied on
request. No opportunity exists through the building permit process to assess the style or design of new
dwellings.
In addition, opportunities for public input into the building permit process are limited. In most instances only
directly adjoining neighbours are notified of building permit applications if a variation is requested to the
standard siting requirements or works are proposed that may impact on shared walls or neighbouring buildings.
Any variations to ResCode (Clause 54 and 55) specified in local planning schemes flow through to the
assessment of building permit applications. This occurs via Schedule 5 of the Building Regulations 2006 which
lists local planning schemes where alternative ResCode standards apply.
The DTPLI have advised that the mandatory maximum height limits specified in the new residential zones or
their schedules will also apply to building permits. This will require some changes to current building legislation.
10
5.
Policy Context
5.1.
State Planning Policy Framework
Current state planning policies place high importance on neighbourhood character, encouraging new
development to take into account the local urban character in order to ensure it responds positively to its
context.
In particular, the State Planning Policy Framework which applies to all planning schemes in Victoria includes
the following clauses related to neighbourhood character:

Planning for urban growth should consider neighbourhood character. (Clause 11.02-1)

Planning should achieve high quality urban design and architecture that contributes positively to local urban
character and sense of place. (Clause 15)

Ensure development responds and contributes to existing sense of place and cultural identity. (Clause
15.01-5)

Ensure development responds to its context and reinforces special characteristics of local environment and
place by emphasising the underlying natural landscape character, the heritage values and built form that
reflect community identity and the values, needs and aspirations of the community. (Clause 15.01-5)

Encourage the development of well-designed medium-density housing which respects the neighbourhood
character. (Clause 16.01-4)
5.2.
Draft Metropolitan Planning Strategy - Plan Our Melbourne
The Minister for Planning has recently released a draft Metropolitan Planning Strategy. Titled ‘Plan Melbourne’
the strategy represents the Victorian Government’s vision for the city to 2050 and is underpinned by the
following seven (7) key objectives:

Delivering jobs and investment

Housing choice and affordability

A more connected Melbourne

Liveable communities and neighbourhoods

Environment and energy

A state of cities

Implementation: delivering better governance
Each of these seven (7) objectives is supported by a number of directions and initiatives. Of particular
relevance to the implementation of Council’s Neighbourhood Character Study through the new residential
zones is the objective ‘Liveable communities and neighbourhoods’. The strategy states the following:
‘Melbourne is a city of suburbs with their own distinctive character, ranging from the Central City and its
vibrant higher-density, inner-urban areas that offer a rich variety of cultural, entertainment and sporting
attractions, to low-density, family-friendly suburbs with good access to a range of services and facilities
including shops, cafes and restaurants, early years centres, schools, retail precincts and community
facilities.
…
Our plan is to build on these strengths by protecting the distinctiveness of the city’s built and natural
environment and ensuring all areas of the city offer attractive and healthy neighbourhoods that have good
access to a range of services and facilities.’ (p.97)
One of the key directions of particular relevance to the introduction of the new residential zones is Direction 4.2
‘Protect Melbourne and its suburbs from inappropriate development’. It states:
Input received from Melbourne’s residents and businesses has highlighted the importance placed on
protecting Melbourne’s suburbs from inappropriate development. In response, the Strategy provides
11
mechanisms to ensure greater certainty about where development will be directed and which areas will be
protected. The core of this Strategy is to focus on delivering density only in defined locations. This
approach will help direct new development to areas with appropriate infrastructure, to support greater
density and optimise the value of existing infrastructure in supporting Melbourne’s growing population.
(p.103)
To support this objective key Initiative 4.2.1 ‘Protect our unique neighbourhoods from residential densification’
sets a target of at least 50% of Melbourne’s residential zoned land to be within the Neighbourhood Residential
Zone.
5.3.
Local Planning Policy Framework
Local policies contained in the BPS emphasise the critical contribution the character of neighbourhoods makes
to the amenity, liveability and desirability of the City.
Municipal Strategic Statement (MSS)
The MSS includes the following clauses about neighbourhood character:

The use of municipal by-laws and single dwelling, setback and building material covenants have
contributed greatly to the character that the City's residential areas display today. Historically, the City has
also been a prime example of the Garden Suburb form of development, leading in the development of
nature strips and private gardens. These are distinctive features of the City....However, poorly designed
development and sub-division threatens the very character and amenity of the City which attracts new
development in the first place. (Clause 21.05-1)

The distinctive character of the City is fundamentally important to its identity and to its residents. Growth
and development need to be facilitated in such a way that they complement and enhance this distinctive
character, whilst ensuring the ongoing preservation and protection of individual heritage places and
heritage precincts. (Clause 21.05-2)

Ensure that the City has its own distinctive urban character identity, setting it apart from other areas in
Melbourne. Conserve and enhance the City's characteristic built environment. As a part of further strategic
work, identify distinctive "urban character areas" and elements, for protection of their particular character.
(Clause 21.05-3)
The City's MSS is currently being reviewed. The planning scheme amendment process to update the current
MSS will commence in 2014.
Neighbourhood Character Policy
The Neighbourhood Character Policy (Clause 22.07) applies to residential zones in the municipality. The policy
implements the RUCS by requiring:

Consideration of the relevant Neighbourhood Character Statement contained in the RUCS as part of the
planning permit assessment process.

Designs and subdivisions to respond to the existing landform, land uses, subdivision pattern, frontage
widths, traffic characteristics, views, front fence materials and heights, building styles and building scales of
the area.

Submission of a landscape plan that reflects the garden character of the area and retains significant
vegetation on the site.

Reduction in overhead wiring through undergrounding of cabling.

Footpaths, crossing and kerbs to be repaired or replaced in a manner consistent with the surrounding area.

Retention of street trees and minimisation of any reduction in nature strips
5.4.
Practice Notes
12
The State Government have published two Practice Notes relating to neighbourhood character:

General Practice Note: Understanding Neighbourhood Character, 2001

VPP Practice Note: Using the Neighbourhood Character Provisions in Planning Schemes, 2004
These Practice Notes emphasise the following:
Defining neighbourhood character:

Neighbourhood character is the combination of the public and private realms. The cumulative impact of
each property, public place and piece of infrastructure establishes neighbourhood character

All areas have a character. Some areas may be more obvious, more unusual, or more attractive, but no
area can be described as having no character

Character is not heritage. While all areas have a history or a heritage, not all areas are historically
significant, as determined by recognised heritage criteria

Neighbourhood character and amenity should be treated separately
Respecting neighbourhood character:

The character of all areas is to be respected

Respecting character does not mean preventing change and is not intended to result in replication of
existing building stock.

Respecting character generally involves respecting the bulk, form and architectural style of surrounding
development

Respecting neighbourhood character does not mean mimicry or pattern book design
Consideration of strategic context:

Local neighbourhood character objectives should be developed within the broader strategic context and
should take into account other objectives of the State Planning Policy Framework such as urban
consolidation, the need to improve housing choice and better use of existing infrastructure

New neighbourhood character provisions should consider an analysis of the impact of the provisions on
other housing objectives and the housing needs of the municipality as outlined in the Municipal Strategic
Statement.
Neighbourhood character studies:

Neighbourhood character studies should identify the comparative significance of each area, identify
differences between these areas and demonstrate that additional or locally varied provisions are necessary
to achieve the area's preferred character.

Preferred character is either the existing character of an area or an identified future neighbourhood
character

A local neighbourhood character policy can be used to set out a preferred character statement and local
objectives, specify how an issue should be considered, provide greater clarify about how discretion will be
exercised to achieve the standards of ResCode (Clause 54 and 55) and establish additional decision
guidelines in relation to specific ResCode standards
Customised ResCode standards through the schedule to the residential zones

The schedule to the residential zones should only be used where it can be shown that the standards in
ResCode do not adequately reflect the existing attributes of the municipality and the schedule is the most
appropriate and effective mechanism in achieving the designed neighbourhood character outcomes.
Application of Neighbourhood Character Overlays (NCOs)

The NCO can be used when
o the area exhibits specific characteristics that need to be protected or changed to meet the preferred
character
o the area requires a specific approach
13
o a local policy or the standard requirements of ResCode will not satisfy the neighbourhood character
objectives for that area
o a rigorous character study has been undertaken
o the proposal is supported by appropriate community consultation

The NCO should not be used as 'blanket control' across the municipality

The demolition control is not to be used to conserve existing buildings, but to ensure the new development
meets the neighbourhood character objectives for the area
Application of Design and Development Overlays (DDOs)

The DDO should not be used as a substitute for an NCO

The DDO may be appropriate for achieving very specific neighbourhood character outcomes that cannot be
achieved through an NCO
14
6.
Review of Background Reports
6.1.
Residential Urban Character Study 1996 (RUCS)
The preparation of the RUCS was driven by community concern over the impact of new development and a
perception that the established character was being eroded. Council prepared and adopted the RUCS in 1996.
The RUCS divided the municipality into 158 character areas based on 23 character elements. A character
statement was prepared for each character area providing a description of the area, a map and basic
information about the degree to which each of the 23 character elements contributes to the area's urban
character.
A Neighbourhood Character Local Planning Policy was prepared to implement the recommendations of the
RUCS and was subsequently included in the BPS at Clause 22.07. The policy provides guidance on
neighbourhood character issues for planning permit applications within Residential 1 and 2 zoned land.
The RUCS is primarily a descriptive document that provides information about the character of the City's
residential areas in 1996. One of the key shortcomings is that the Study does not articulate how the City's
residential areas should look and feel in the future. It further fails to provide design guidelines to inform new
development.
In addition, the character of many neighbourhoods has evolved over the last 16 years as older houses have
been replaced and new town houses and units developed in some areas.
6.2.
Residential Design Policy
The Residential Design Policy (RDP) was originally adopted by Council in December 2003 to replace the
former Medium Density Housing Policy. The RDP was reviewed and updated in 2001 with Council again
adopting the updated RDP in December 2011.
The RDP applies to permit applications for the construction or extension of a dwelling on a lot with more than
one dwelling or for new multi-unit developments. The policy does not apply to apartment style buildings or the
construction or extension of single dwellings. While formally adopted by Council, the RDP was never formally
introduced into the BPS through a planning scheme amendment.
The RDP sets out the following five (5) policy outcomes to achieve residential development that

is compatible with the established character;

is site responsive and designed to a high standard;

facilitates the retention of vegetation through provision of appropriately sized private open space;

protects the amenity of adjoining residences’ private open space; and

provides for smaller dwellings that contribute to housing diversity.
To achieve these policy outcomes, a series of design standards were developed that new development should
meet. These standards address the following built form aspects:

Street setback

Side and rear setbacks

Walls on boundaries

Building form, bulk and scale

Site coverage

Permeability

Car parking

Private Open Space
These standards exceed the requirements of the relevant ResCode Standards contained at Clause 54 and 55
of the BPS and have been incorporated as variations to ResCode Standards in various schedules to the
15
residential
zones
(refer
to
Chapter
16
14
for
detailed
discussion).
7.
The Character of Boroondara
The existing character of Boroondara is influenced by the City's topography, settlement history, former building
regulations and by-laws and various covenants and heritage controls.
7.1.
Topography
Land within Boroondara generally slopes down from the centre of the municipality to the Yarra River and
Gardiner's Creek which form the north, west and south boundaries of the City. The resulting hills create views
and vistas to the CBD, surrounding suburbs and mountains to the east.
The undulating topography re-enforces the contribution trees and vegetation make to the City's character which
dominate the view of the immediate area from most vantage points.
The City's topography has also facilitated development of split level houses which take advantage of the area's
sloping land form to provide additional accommodation and integrated car parking facilities. This is particularly
the case in western parts of Kew, Balwyn and North Balwyn where topography makes a strong contribution to
the area's character.
7.2.
Settlement pattern
Early settlement - mid to late 1800s
Early village-like settlements occurred in the 1850s and 1870s in what became the centres of Hawthorn,
Camberwell, Kew, Balwyn and Glen Iris. Many of the early subdivisions were prestigious locations
characterised by mansions and grand villas with large grounds or gardens. Examples include the St. James
Park Estate, Hawthorn, Harcourt Street, Hawthorn East and Mont Albert Road, Canterbury.
More intense development occurred in the boom era of the 1880s in Hawthorn, followed by Kew, Camberwell
and Canterbury. Subdivisions from this era generally follow rectilinear layouts with rear laneways and were
developed with detached villas in a garden setting. The Grace Park Estate, Hawthorn was an exception with its
picturesque curved streets. Terraces and modest, single fronted cottages proliferated in Hawthorn during this
time which accommodated workers from the nearby industrial sites.
Early 1900s - pre-World War I
Housing spread during the first half of the twentieth century to the south and north of the City. Most of the
estates developed between 1910 and 1940 followed the regular, rectilinear subdivision pattern of the previous
era, accommodating detached villas for the middle classes.
Many houses developed during the Federation / Edwardian era have high ceilings and dominant roof forms
which increase their scale in comparison to the Victorian and Interwar periods.
Interwar period
Many of the interwar estates demonstrate a high degree of uniformity due to their single storey scale, similar
bungalow architectural styles and concrete roads and footpaths. Contemporary building regulations and local
by-laws also required minimum building footprints, front setbacks and the use of brick walls, further contributing
to these areas’ homogeneity. Many of these estates reflect the increasing influence of the motor vehicle on the
siting and design of houses, incorporating side driveways leading to rear garages. Residential apartment
buildings also started appearing during this era, mainly along Hawthorn's main roads and tram routes such as
Glenferrie and Riversdale roads.
By the Second World War, the former Cities of Hawthorn and Kew were nearly fully developed. Similarly,
housing extended through most of central Camberwell, Canterbury, Glen Iris, Hartwell, Balwyn and Surrey Hills
with Ashburton and Balwyn North still yet to be developed.
17
Post-war
The post-war expansion of suburban development followed previous patterns of providing detached housing for
Melbourne's professional and middle class residents in a garden setting. Styles vary from high-roofed
bungalows constructed from clinker or rendered brick, as well as the public housing estate in Ashburton,
Moderne style houses with large windows, flat roofs and cream bricks to more adventurous Modernist dwellings
concentrated in Kew near the Yarra River. Subdivisions of the post-war era often incorporate curving central
roads with radiating cul-de-sacs, recognising the primacy of the car. Built on the City's more undulating land,
houses of the post-war era are often split-level incorporated car parking facilities at the lower level or to the side
of the dwelling.
By the end of the 1970s most of the City of Boroondara had been developed. Development from the 1980's to
the present has mainly comprised infill villa units, side-by-side town houses, dual occupancies, walk up flats
and apartments. Replacement dwellings are also common in areas outside the Heritage Overlay, particularly in
Balwyn, North Balwyn and parts of Ashburton. Many of these newer houses are of a grand scale and utilise
period reproduction detailing.
Some small scale new subdivisions have also taken place over the last 20 years on the sites of former
mansions and estates and on surplus public land. These estates include the redevelopment of former public
schools and the former Kew Residential Services site.
The municipality's pattern of development is shown in Map 4 on the following page.
7.3.
Lot sizes
Lot size is an important influence on the character of a particular neighbourhood. Generally, that size of
allotments in Boroondara's traditional suburban areas is predominantly between 500m 2 and 1000m2. However,
local variations are related to the period of subdivision and development.
Some of the older parts of the municipality, towards the core of the City (Hawthorn, Kew and some part of
Camberwell) contain a concentration of smaller lots between 200m 2 and 500m2 in size. Smaller lots were
generally located around fixed rail transport and accommodate the smaller dwellings for workers in industrial
businesses.
In contrast areas towards the edge of the City have concentrations of larger allotments of 1000m 2 to 2000m2.
The move towards larger lot sizes is a result of the increasing influence of the Garden City movement that
originated in England in late 1890. The larger allotments enable the provision of green spaces both in the public
and private realm which has a significant impact on the current character of the municipality.
The dominance of larger allotments that started in the early 1900s was further supported by the increased role
of the car. Residential development became less dependent on public transport and as a result larger lots
further away from public transport infrastructure became dominant.
The size of allotments across the City is shown in Map 5 on page 20
.
18
Map 4: Settlement Pattern / Building Eras (Source: City of Boroondara Property Database)
19
Map 5: Lot Sizes (Source: Housing Development Data 2011, DTPLI)
20
8.
Methodology
The Neighbourhood Character Precinct Statements were prepared in five stages with close engagement from
the local community. The following chapters outline the different tasks completed as part of each stage with
Figure x illustrating the methodology. Community consultation occurred at each stage of the process and
details are provided in Chapter 10.
8.1.
Stage 1 - Background research, analysis and fieldwork
The initial stage comprised a comprehensive review of relevant strategic documents including

Residential Urban Character Study, City of Boroondara 1996

Definition of Areas of Special Character, Hansen Partnership Pty Ltd 2008 (internal document only)

Residential Design Policy, City of Boroondara, 2003 and 2011

Housing Development Data: 2004 To 2008, Statistical Summary Report, City Of Boroondara, Spatial
Economics

Housing Development Data: 2004 To 2011

City of Boroondara Planning Permit data 2004 - 2008
This desktop review assisted in determining preliminary precinct boundaries for further investigation and
analysis throughout the other stages. Initial field work was undertaken as part of this stage to gain an
understanding of the local conditions and assist with defining preliminary precinct boundaries.
8.2.
Stage 2 - Identification of valued neighbourhood character elements
The key aim of this stage was to identify key aspects of the neighbourhood valued by the local residents. In
actively engaging with the local community in various ways, Council sought answers to the following key
questions:

What is special about your local area?

What do you love about your neighbourhood?

How would you describe your street?

How do you see your area in the future?
Further, the local community was invited to provide feedback on the importance of the following themes and
identify local expressions of each theme:

Subdivision patterns

The street

Architectural style

Building Height

Front & side setbacks

Front fences

Gardens & landscaping

Building type

Building Materials

Consistency & diversity
Consultation activities undertaken and the feedback received from the community are summarised in more
detail in Chapter 10.
21
8.3.
Stage 3 - Neighbourhood Character Precinct Assessment
The feedback provided by the community during Stage 2 was used to develop draft Precinct Profiles that paid
particular attention to the character elements identified by the community as highly valued. Preparation of the
draft Precinct Profiles involved a number of separate tasks that were undertaken concurrently and iteratively.
The 158 precincts established in the RUCS served as the starting point for an analysis of each precinct’s
characters as part of this stage. This involved fieldwork that was complemented by an analysis of aerial
photography and building era data.
Assessing the precinct character
Each precinct identified in the RUCS was reviewed on the basis of standard character elements with particular
focus on those elements that had been identified by the community as highly valued and important.
The standard character elements reviewed comprise:

Topography

Front fence height

Building era and style

Front fence materials

Building height

Subdivision pattern

Building type

Street trees - maturity and extent

Building materials

Street trees - predominant type

Roof materials

Public open space

Front setbacks

Car parking structures

Front gardens - size and vegetation

Street widths

Side setbacks

Rear gardens

Lot widths
Determining precinct boundaries
Based on the outcomes of the fieldwork and the assessment of each RUCS precinct against the character
elements the precinct boundaries were determined. Where adjoining precincts contained streets with similar
characteristics, these precincts were combined. Where a precinct contained streets with different
characteristics, new precincts were created by excising them from the RUCS precinct.
Two tests were used to refine the precinct boundaries and create new precincts:
1. Can you tell the difference when you move from Area A to Area B?
2. Are different design guidelines required for Area A compared to Area B?
While some precincts contain buildings from different eras - such as pockets of interwar housing and pockets of
later dwellings - in many cases the overall siting and scale of dwellings was consistent. In these instances the
same guidelines would be applied across the precinct despite the different building eras. Therefore, division of
the precinct into smaller areas was not considered advantageous or necessary.
As a result of this work a total of 71 neighbourhood character precincts were identified.
Preparing draft Precinct Profiles
The information gathered on each precinct was compiled in draft Precinct Profiles that contained a map of the
precinct, photographs showing dwellings typical for the precinct, a description of the precinct and a list of the
precinct’s key characteristics.
These draft Precinct Profiles were tested with the community through a further second consultation phase (for
details refer to Chapter 10) who were invited to provide feedback on the information contained in and structure
of the Precinct Profiles. As part of this stage the community was also asked to provide any input they
considered relevant to the preparation of design guidelines for precincts that would guide future development.
22
8.4.
Stage 4 - Draft Precinct Statements & Design Guidelines
The draft Precinct Profiles were revised in response to the community feedback received during the second
phase of consultation. The revisions predominantly consisted of changes to the precinct descriptions to ensure
they were accurate. However, in some instances more substantial changes we made to the realign precinct
boundaries in response to comments and suggestions made by the community.
At this stage the draft Precinct Profiles were expanded to also include a preferred future character statement, a
list of threats / issues and a table of design guidelines. General information about the Neighbourhood Character
Study and the use of the guidelines was also provided.
Again, these additions were largely based on the feedback and comments made by the community during the
second phase consultation process.
The draft Precinct Statements prepared during this stage were then tested with the community (Stage 3
Consultation, June 2012 - refer to Chapter 10).
8.5.
Stage 5 - Final Precinct Statements & Council Adoption
The community feedback gathered during this Stage 3 consultation was collated by Council Officers with any
recommended changes and presented to Council for consideration.
The draft Precinct Statements along with the officer's response to submissions on the draft Precinct Statements
were considered by Council on 24 September 2012. At this meeting Council resolved to adopt the Precinct
Statements subject to changes, including a series of changes recommended by officers. The Precinct
Statements were subsequently updated in accordance with the Council resolution.
A final series of minor changes to the Precinct Statements occurred in September 2013 which implement the
Council resolution of 16 September 2013. These changes involve modifications to 5 precinct boundaries.
23
Stage 1
Community Consultation
Background Research & Analysis
 Establish preliminary precinct
boundaries
 Document review
 Fieldwork
Stage 2
Identifying valued character
elements
 On-ground assessments
 Map, photographs, description and
key characteristics
Stage 1 (Sep-Oct 2011)
Identify valued character elements
Telephone surveys (400+)
'Community cafe' drop-in sessions
Online and written feedback forms
Stage 3
700+ submissions
Neighbourhood Character Precinct
Assessment
 Assessing the precinct character
 Determining precinct boundaries
 Preparing draft Precinct Profiles
Stage 2 (Feb 2012)
Feedback on draft Precinct Profiles
Input into design guidelines
Information session
Drop in sessions
Online and written feedback forms
Stage 4
~160 community submissions
Draft Precinct Statements & Design
Guidelines
 Review draft Precinct Profiles based
on Stage 2 Consultation feedback
Stage 3 (June 2012))
Feedback on draft Precinct Statements
Community information sessions
Community hearing (incl. Councillors)
Consultation website
Online and written feedback forms
Stage 5
~300 community responses
Final Precinct Statements & Council
Adoption
 Revise Precinct Statements based on
Stage 3 Consultation feedback
 Adoption of Precinct Statements by
Council subject to some further
changes
Diagram 2:
Invitation to address Councillors at UPSC
Meeting on 16 Sep 2013
Methodology for preparing the Neighbourhood Character Precinct Statements (incl. community
consultation)
24
9.
Community Consultation
The preparation of the NCS involved three (3) stages of consultation with the local community to ensure that
residents had input into neighbourhood character values and aspirations and were actively engaged in the
development of the Precinct Statements including the setting of the preferred future character and design
guidelines for local neighbourhoods.
A detailed consultation report was prepared for each stage that summarised the results and was used by
Council Officers to prepare, review and finalise the Precinct Statements as outlined in the previous chapter.
9.1.
Stage 1 Consultation - Identifying valued character elements (September - October
2011)
The first stage of consultation occurred in September and October 2011 and aimed to gather community views
about the elements of neighbourhood character which are important to them. This involved:

Telephone survey of 400 randomly selected residents to identify key influences on neighbourhood
character across the municipality.

Workshop with Councillors to discuss the project approach, influences on neighbourhood character and the
project outcomes

Delivery of 8 'community cafe' drop in sessions in local areas across the municipality

Receipt of online and written feedback forms and submissions, including from E-Kiosks set up at Council's
customer service centres and libraries
There was significant community involvement in this first consultation stage with approximately 700 community
members participating in the various consultation activities.
The consultation highlighted that the community place a high value on the following neighbourhood character
elements and treatments:

Front gardens and mature trees

Tree-lined streets and nature strips

Diverse plantings in front gardens rather than front law or hard surfaces

Preservation of heritage streetscapes

Maintenance of existing views and vistas

Provision of space around homes (setbacks from neighbouring properties)

Building heights that are appropriate to their surrounds

Higher densities on main roads rather than residential streets

Low front fences that are consistent with house styles

Housing design that is high quality, durable and environmentally sustainable

New housing and diverse housing styles and types that complement the existing character of the area
Other key issues raised by the community included that are not directly related to neighbourhood character
include:

The need for new housing that meets different household needs; and

Concerns about the impact of new development on traffic and car parking management.
25
9.2.
Stage 2 Consultation - Draft Precinct Profiles & Design Guidelines (February 2012)
The second stage of consultation occurred in February 2012 and aimed to receive community feedback about
the Draft Precinct Profiles. Community members were also asked to provide any input they considered relevant
to the preparation of the design guidelines.
Specific consultation activities included:

Delivery of an information session and 4 drop in sessions in local areas across the municipality; and

Receipt of online and written feedback forms and submissions.
As a result of this second stage of consultation, Council received approximately 160 submissions from
residents. Key comments included:

Suggestion to review the boundaries and descriptions of select precincts, including housing eras, to
improve accuracy;

Preference for future housing stock to reflect the character of the current housing stock;

Request for the design guidelines to provide direction for:
o
o
o
o
o
9.3.
the siting and height of houses in order to manage the visual impact of new development;
the retention and planting of canopy trees and gardens;
the preservation and maintenance of parklands;
current infrastructure provision; and
sustainable design.
Stage 3 Consultation - Draft Precinct Statements (June 2012)
The third stage of consultation occurred in June 2012 and involved release of the draft Neighbourhood
Character Precinct Statements for public comment. The consultation program comprised the following:

Six (6) community information sessions across the City;

A community hearing where community members were invited to present to Councillors;

Consultation website, including an online feedback form; and

Invitation to provide written feedback, including via a hard copy feedback form.
In addition Council also sent out an information brochure to over 1000 contacts on Strategic Planning’s “keep
informed” list; published notices and in the Progress Leader; and distributed flyers and posters at Council's
libraries and key community facilities.
As a result of these activities, Council received feedback from approximately 300 community members with the
following key issues identified:

Concern about Council’s ability to implement the guidelines given the role of VCAT and the lack of planning
permission for single dwellings on lots over 500sqm

Concern about the removal of mature trees

Concern about the level of unsympathetic development that has occurred to date and preference for new
development to maintain the existing character of the City

Differing opinions about whether contemporary design should be encouraged in preference to period
reproduction design

Differing opinions about whether the guidelines are too prescriptive or too general.
In addition, a range of specific comments and suggestions were made for each precinct.
Members of the community and those who made submissions as part of Stage 3 were invited to attend an
USPC meeting on 13 September 2012 to make further submissions.
Following this, Council considered the draft Precinct Statements along with Council officer’s response to the
submission on 24 September 2012. At this meeting, Council resolved to adopt the Precinct Statements subject
to a number of changes (including changes recommended by officers). These changes were either of a general
nature, related to changes to the precinct boundaries or specific changes to a particular Precinct Statement
(such as the description etc.). All Precinct Statements were subsequently amended in accordance with the
Council resolution.
26
9.4.
Summary of community feedback
Overall, the community feedback received re-enforced that the community value:

The existing character of the City (housing that complements the existing character of the area);

Preservation of historic streetscapes;

Preservation of space around homes;

Protection and planting of mature trees;

Soft landscaping / diverse plantings in front gardens;

Low front fences that allow views of houses from the street;

The existing scale of streetscapes (ensuring the height and bulk of buildings respects the scale of the
street);

Tree-lined streets and nature strips;

Existing views and vistas;

Housing design that is high quality, durable and environmentally sustainable; and

Maintaining the lower scale and density of existing residential streets by encouraging higher densities on
main roads instead.
Common threats and issues identified during the three consultation stages by the community include:

Boundary to boundary development

High front fences

"McMansions"

Replacement of backyards with development

Replacement of soft landscaping with hard surfaces in front gardens

Removal of mature trees

Bulky buildings that dominate the street

"Box-like" contemporary design that does not fit in with the historic streetscapes
However, while there was a fairly consistent message with regards to the valued character elements and
threats to the established character it also became clear that the community had differing opinions with regards
to a whether:

contemporary design should be encouraged in preference to period reproduction design; and

the design guidelines are too prescriptive or too general.
27
10. The Precinct Statements
The Precinct Statements aim to provide direction for the design of new development in the City's residential
zones. To do this, the Statements provide an overview of the precinct's current and preferred character which,
together, provide the context for the actual design guidelines. Each Precinct Statement comprises the following
information:

Map: Each Precinct Statement includes a map showing the precinct boundaries, heritage overlay areas,
non-residential land and the location of subdivisions with single dwelling covenants.

Photographs: Three photographs are included of houses that are considered to be typical houses for the
precinct.

Description: An objective description of the precinct is provided which aims to describe the precinct's
existing character. Standard elements are described including the suburb, topography, public open space,
current heritage controls, building eras, single dwelling covenants, buildings scales and types, building
materials, roof forms, front and side setbacks, front and rear gardens, vegetation, lot frontages, street
widths, front fences, car parking structures, street trees and proposed heritage controls.
The descriptions are not intended to reflect the precinct's preferred character.

Key Characteristics: Each Precinct Statement includes a list of key characteristics which generally include
information about the following elements in addition to other important characteristics of the area:
o
o
o
o
o
o
o
o
o
o
Building era
Building scale
Siting (e.g. detached)
Roof forms
Building materials
Front gardens
Rear gardens
Front fences
Lot widths
Front setbacks
This list is intended to provide a quick "snapshot" of the precinct's key features which provided a basis for
developing the design guidelines.

Preferred Character: A statement of Preferred Character is provided for each precinct which aims to
encapsulate the key objectives for the area and a series of strategies to achieve those objectives.
The Preferred Character Statements were determined having regard to:
o The community's values as expressed through the first two stages of consultation. In particular, the
community emphasised that they place a high value on maintaining the City's existing character.
o The characteristics of the precinct as determined through the desktop analysis and fieldwork
The Preferred Character Statement provides the basis for the Design Guidelines.

Threats / Issues: Each Precinct Statement includes a list of threats and issues which jeopardise
achievement of the precinct's preferred character. These threats and issues influenced development of the
guidelines, particularly the outcomes listed in the "Avoid" column.

Design Guidelines: The Design Guidelines set out objectives, design responses and avoid statements for a
set of standard character elements. The objective sets out the outcome to be achieved. The design
response outlines preferred design treatments to achieve the objective and the avoid column lists design
treatments to avoid. Variations to the design response and avoid statements could be considered, if an
applicant can demonstrate how an alternative response achieves the objective.
The Design Guidelines provide guidance about the following character elements:

Vegetation - including landscaping and retention or removal of large trees;

Siting - including front, side and rear setbacks;
28

Building Height and Form - including number of storeys, roof form and presentation of dual occupancy
units;

Building materials and design details - including facade modulation and articulation, colours, materials
and finishes and design styles;

Front boundary treatment - including the height and design of front fences; and

Car parking - including location of garages, carports, on-site hard paved car parking spaces and the
treatment of basement car parks.
Illustrations are provided as required to assist with the interpretation of the guidelines.

General Information: All Precinct Statements include the same general information about the
Neighbourhood Character Study, how the Statements will be used, their relationship to other policies and
provisions and a glossary of terms.
29
Part B
Implementation Options
30
11. Implementation Options
Implementation of the Neighbourhood Character Precinct Statements into the BPS is critical to their success.
Unless the Precinct Statements are translated into planning controls that form part of the planning scheme,
they do not carry any weight in decision-making. To achieve development outcomes that are consistent with
the preferred future character statements contained in the Precinct Statements, all possible planning tools need
to be assessed for their suitability.
11.1. Implementation Objectives
A number of planning tools exist which could be used to implement the outcomes of the Neighbourhood
Character Study. These tools have different objectives, planning permit requirements and design standards
depending on their purpose. While some tools provide a high degree of control over built form outcomes, they
also are resource intensive for Council and generate "red tape" for land owners.
In addition, a variety of non-statutory opportunities exist to facilitate implementation of the Study such as
training, communications and promotions.
Overall, the Implementation Plan developed should aim to:

Facilitate achievement of the preferred character for each precinct

Target the planning provisions used to achieving the neighbourhood character outcome sought

Minimise unnecessary planning assessments and "red tape"

Facilitate transition to the new residential zones released by the State Government in July 2013

Comply with relevant State Government Practice Notes in order to maximise the likeliness of being
supported by Planning Panels Victoria and the Minister for Planning

Maximise community awareness of the Neighbourhood Character Study Precinct Statements and any new
provisions introduced
11.2. Statutory Options
Summary of statutory tools
A number of statutory tools are available to assist with implementing the Neighbourhood Character Precinct
Statements. These are:

New residential zones and associated Schedules

Council guideline

Local Planning Policy

Reference document

Incorporated document

Neighbourhood Character Overlay

Significant Landscape Overlay

Vegetation Protection Overlay

Design and Development Overlay

Heritage Overlay
All of these tools can be used either on their own or in combination with other controls to create the best
outcomes.
An assessment overview of these statutory tools and their advantage and disadvantages is provided below
(Table 1).
A summary of the advantages and disadvantages of each provision is provided in Appendix 1.
31
Neighbourhood Character
Overlay (NCO)
Significant Landscape
Overlay (SLO)
Vegetation Protection Overlay
(VPO)
Design and Development
Overlay (DDO)
Heritage Overlay (HO)
Assessment of statutory implementation tools
Local Policy
Table 1:
Introduce local
neighbourhood
character objectives






x
ResCode variations (Cl.
54 and 55)

x

x
x
x
x
Require a permit for
vegetation removal
x
x



x
Historic
trees only
(NRZ, GRZ, RGZ)*
Function
New residential zones
Planning tool


Require a permit for
demolition
x
(not for
historic
buildings)
x
x
x

x


x


x


x


x
x
x

x
NRZ only
(nonmandatory
only)
x
x
x

x
x
x
x

x

x
x

Require a permit for
single dwellings
On lots <
500m2. Can
be varied in
NRZ
Require a permit for a
front fence
On lots <
500m2. Can
be varied in
NRZ

Specify minimum lot
size for subdivision

NRZ only

(nonmandatory
only)

Specify maximum no.
of dwellings on a lot
Specify targeted permit
requirements for
buildings and works

* NRZ = Neighbourhood Residential Zone; GRZ = General Residential Zone; RGZ = Residential Growth Zone
32
The assessment contained in the above table illustrates that the new residential zones introduced by the
Victorian State Government present a significant shift in how councils can control residential development. The
new residential zones provide significant opportunity for Council to control residential development through the
zone where previously Council relied on discretionary planning policies. The following chapter will therefore
take a closer look at the new residential zones and their advantages.
11.3. The new residential zones
On 1 July 2013, the Minister for Planning gazetted the following new residential zones:

Neighbourhood Residential Zone (NRZ) - Intended to provide for limited growth

General Residential Zone (GRZ) - Intended to provide for moderate housing growth

Residential Growth Zone (RGZ) - Intended to provide for higher density housing in buildings up to four
storeys
The new residential zones aim to:

Improve the range of residential zones to better manage growth and protect and maintain liveability and
neighbourhood character

Focus development in areas which can ensure protection of neighbours' amenity

Simplify requirements with greater certainty and clearer rules

Establish higher standards of design to ensure new buildings are respectful to valued neighbourhood
character
All Victorian Councils have until 1 July 2014 to introduce the new zones. After this date the General Residential
Zone will be applied to all residential land in municipalities where councils have chosen not to introduce the
new zones. Introduction of the new zones after 1 July 2014 will require a full planning scheme amendment,
including the usual public exhibition and panel review process that can take up to two years to complete.
The Minister for Planning has made a commitment to introduce new residential zones using the powers
available to him under the Planning and Environment Act 1987.
The new framework is based around zones which Council can modify to better respond to the local context and
provide much stronger planning controls, particularly with regards to building height. Under the new residential
zones Council can set mandatory requirements for particular aspects of residential development that it
previously could not (e.g. building height, minimum lot subdivision, maximum number of dwellings on a lot).
This is a significant improvement and allows Council better control over what type of development occurs in
what locations (the current Residential 1 Zone fails to clearly differentiate between locations where multi-unit
development may be appropriate and locations where housing growth should be limited).
A synergistic relationship therefore exists between the implementation of the Neighbourhood Character Study
and new residential zones. The Neighbourhood Character Study provides a strong strategic basis for applying
the new residential zones. Similarly, the new residential zones incorporate useful statutory tools (such as
dwelling density requirements and height limits) to will assist in achieving development outcomes that are
consistent with the preferred future character set out in the Precinct Statements.
In particular, the new zones enable Council to:

Limit unit development in areas characterised predominantly by single dwellings by applying the
Neighbourhood Residential Zone (including a minimum subdivision area) to relevant precincts;

Ensure new development respects the scale of the surrounding area by applying mandatory height limits
appropriate to the precinct; and

Vary relevant ResCode standards (Clause 54 and 55) to:

retain the spacious character of the City's suburban precincts by varying the site coverage standard in
relevant precincts;

maintain the detached character of streetscapes where this exists by requiring side setbacks at the front of
dwellings; and
33

facilitate the retention and enhancement of the landscape character by ensuring sufficient space is
available in side or rear gardens for canopy trees and by requiring that at least 1 canopy tree be planted in
precincts where tree coverage is part of the existing or preferred character.
In order to allow translation of the 75 Precinct Statements into relevant zones, additional analysis was required
to determine the most appropriate zone for each precinct and whether any ResCode variations were needed to
achieve the preferred design outcomes envisaged. The chapters following in Part C provide a discussion of the
method used to translate the Precinct Statements into the new residential zones and any other planning
controls.
34
Part C
From Precinct Statements to new
residential zones
35
12. Translating Precinct Statements into the new zones
To enable translation of the Precinct Statements into the new residential zones, character types needed to be
identified. This process of standardisation allows identification of neighbourhood character precincts that
display similar characteristics. Standardisation is also needed to match precincts with a set of standard zones.
Local variations for each precinct or character type could then be addressed through different schedules
containing different height limits and variations to ResCode standards.
A two stage methodology was used to identify character types and involved:
1) establishing broad character types based on the based on the scale of development and whether the
precinct has a suburban or inner urban feel; and
2) defining sub-categories that on more an analysis of more refined character elements.
Each of these steps and the resulting outcomes is described in further detail in the following chapters.
12.1. Establishing broad character types
Based on the above-listed criteria, four broad character types have been identified that can be found
throughout the City of Boroondara:
Suburban
Much of the City of Boroondara has a suburban character predominantly comprising single, detached houses
on generous allotments with well landscaped front and rear gardens. In addition to landscaping within private
properties, most streets feature significant landscaping the form of nature strips and street trees (although the
species and maturity of street trees varies across the suburbs).
The scale of development within these suburban areas ranges from areas with a consistent single storey scale
to areas characterised by more two storey development and second storey additions.
Other areas, including those with single dwelling covenants, have retained a consistent spine of medium to
large backyards which creates a "green belt" through the suburb and space for vegetation and canopy trees.
This spine of backyards creates a back yard setting that has good access to sunlight and a sense of seclusion
for occupants due to the lack of adjacent buildings.
Many of these suburban areas characterised by deep allotments have been subject to further subdivision over
the years. As a result these areas contain numerous tandem style villa unit and dual occupancy developments
which extend for the length of the block. As a result of subdivision having occurred these areas lack the
consistent open backyard of areas dominated by single dwelling lots.
One area has a high percentage of semi-detached duplexes and town houses which often present as single
dwellings to the street. This area retains a suburban feel, despite the narrower allotments.
Front fence heights and styles vary across the suburban precincts. Many of the post war suburbs retain low or
no front fences consistent with the original style of housing in the area. Other pre-war precincts have low timber
or brick fences which match the style of house behind. In some areas the original front fences have been
replaced with high fences that change the look and feel of the streetscape.
Some precincts retain a suburban feel due to the presence of nature strips, canopy trees and detached
buildings, yet exhibit an eclectic mix of apartments, historic houses and new dwellings.
A summary of the key characteristics and threats to these precincts is provided in Table 2 below.
36
Table 2:
Suburban Precincts
Character Type
Key Characteristics
Low
Suburban 1

Mainly
single
detached housing

Medium to large
setbacks
and
gardens
Low
Suburban 2
Scale
Scale

Dominant 2 storey dwellings with sheer 2
storey facades
front
front

Boundary to boundary development
6, 30, 41, 44,
45, 50, 64,
65, 66, 69

Buildings set too far forward

Buildings that encroach into rear gardens,
compromise the 'green belt' of backyards
and prevent space for plantings and canopy
trees

Medium to high front fences that disrupt the
street rhythm


Dominant 2 storey dwellings with sheer 2
storey facades
Boundary to boundary development

Buildings set too far forward

Buildings that encroach into rear gardens,
compromise the 'green belt' of backyards
and prevent space for plantings and canopy
trees


Boundary to boundary development
Buildings set too far forward

Buildings that encroach into rear gardens,
compromise the 'green belt' of backyards
and prevent space for plantings and canopy
trees

Medium to high front fences that disrupt the
street rhythm


Boundary to boundary development
Buildings set too far forward

Buildings that encroach into rear gardens,
compromise the 'green belt' of backyards
and prevent space for plantings and canopy
trees


Boundary to boundary development
Buildings set too far forward

Lack of rear / side garden space for canopy
trees

Medium to high front fences that disrupt the
street rhythm

Low or no front fences

Mainly
single
storey,
detached housing
Medium to large front
setbacks
and
front
gardens

Consistent
band
of
medium / large backyards

Variety
heights

Mainly 1 or 2 storeys,
detached housing
Medium to large front
setbacks
and
front
gardens
of
front
fence

Consistent
band
of
medium / large backyards

Low or no front fences

Mainly 1 and/or 2 storeys,
detached housing
Medium to large front
setbacks
and
front
gardens

General Suburban
3
storey,
Consistent
band
of
medium / large backyards

General Suburban
2
Precincts


General Suburban
1
Key Threats

Consistent
band
of
medium/large backyards

Variety
heights

Mainly 1 and/or 2 storeys,
detached housing
Small to medium front
setbacks
and
front
gardens

of
front
fence

Small / various
backyards

Low or no front fences
sized
37
4, 26, 31, 36,
43, 46, 53,
61
1, 47, 48, 56,
70, 73
2, 3, 8, 10,
11, 12, 14,
15, 18, 19,
20, 22, 28,
29, 33, 35,
37, 51, 52,
54, 55, 57,
60, 62, 63,
67, 68, 72
7, 13, 23
Character Type
Key Characteristics
Key Threats
Precincts
General Suburban
4



Boundary to boundary development
Buildings set too far forward
16, 21, 34,
58, 74

Lack of rear / side garden space for canopy
trees


Boundary to boundary development
Buildings set too far forward

Buildings that encroach into rear gardens,
compromise the 'green belt' of backyards
and prevent space for plantings and canopy
trees


Boundary to boundary development
Lack of rear / side garden space for canopy
trees

Semi-detached
Suburban

Small / various
backyards
sized

Variety
heights
fence

Mainly 1 and 2 storey
dwellings
High percentage of semidetached,
side-by-side
duplexes and town houses
which often present and
single dwellings

Eclectic Suburban
Mainly 1 and / or 2
storeys, detached housing
Medium to large front
setbacks
and
front
gardens
of
front

Medium to large
setbacks
and
gardens

Consistent
band
of
medium / large backyards

Variety
heights

Mixture of 2 and 3 storey
apartments and 1 and 2
storey detached dwellings
Small / various sized
backyards


of
front
75
front
front
fence
32
Low to medium high front
fences
Inner Urban
The older parts of the municipality, particularly in Kew and Hawthorn exhibit a more inner-urban character
consistent with other inner-urban suburbs of Melbourne. These areas are characterised by narrow allotments
occupied by semi-detached or closely set houses with small front gardens. Streets are generally narrow with
either narrower or no nature strips.
Most of these areas contain single storey Victorian and Federation era houses which create a low rise
character. Front fences tend to be lower to medium in height, many of which are composed of timber pickets,
reflecting the era of the houses in the area.
The presence of vegetation and canopy trees in these inner urban areas varies and is much less consistent
than suburban areas. Many of these precincts have younger, more dispersed street trees compared to other
parts of Boroondara. Increased tree coverage in both the public and private realm would enhance the amenity
and appearance of these areas.
A number of these inner urban precincts are characterised by a high number of walk-up flats. These precincts
have an eclectic feel due to the diverse range of building eras, building types and lot sizes present.
A summary of the key characteristics and threats to these precincts is provided in Table 3 on the next page.
38
Table 3:
Inner Urban Precincts
Precinct Type
Characteristics
Key Threats
Precincts
Low Scale Inner
Urban

Mainly single storey houses

Dominant 2 storey dwellings

Narrow side setbacks
closely spaced houses
/

Lack of rear / side garden space for canopy
trees
17, 25, 42,
71

Narrow lot frontages (except
Precinct 53)

Medium to high front fences that disrupt the
street rhythm

Small front setbacks and
front gardens

Small to
backyards

Few or no nature strips

Low to medium high front
fences

Mix of 1 and 2 storey
houses

Medium to high front fences that disrupt the
street rhythm

Narrow side setbacks
closely spaced houses

Lack of rear / side garden space for canopy
trees

Narrow lot frontages

Small front setbacks and
front gardens

Small backyards

Few or no nature strips

Low to medium high front
fences

Variety of 2 and 3 storey
walk up flats

Medium to high front fences that disrupt the
street rhythm

Dispersed historic Victorian,
Edwardian and interwar
cottages and houses

Lack of rear / side garden space for canopy
trees

Small front setbacks and
front gardens

Small back yards

Low to medium high front
fences
General
Urban
Eclectic
Urban
Inner
Inner
medium
sized
/
39
9, 24, 27, 38
Contemporary Townhouse
Two areas in the municipality are characterised by new town houses constructed in the last 20 years. These
are the former Kew Residential Services estate near the corner of Wills Street and Princess Street Kew and the
Kaikura Avenue area at the corner of Toorak Road and Tooronga Road, Hawthorn East.
While these areas demonstrate different levels of uniformity, they both are characterised by two-storey,
contemporary, attached town houses with small front setbacks, small rear courtyards and garages at ground
level integrated into the facade. Both areas include nature strips and street trees. This greenery softens the
39
character of the streets and creates a suburban feeling, despite the more dense built form compared to other
residential areas in Boroondara.
A summary of the key characteristics and threats to these precincts is provided in Table 4 on the next page.
Table 4:
Contemporary Townhouse
Precinct Type
Characteristics
Contemporary
Townhouse

Attached
townhouses

Narrow allotments

Small
backyards
courtyards

Low to medium high front
fences

Small front setbacks
2
storey
Key Threats
Precincts

5, 59

Buildings with wide frontages that disrupt the
streetscape rhythm
Lack of rear / side garden space for canopy
trees
or
Main Road Apartments
Main roads in Hawthorn and Camberwell as well as some parts of Kew and Hawthorn have a high presence of
walk up flats and apartments dating from the interwar era, through the 1960's and 70's to today. These areas
have an eclectic feel due to single dwellings being interspersed amongst the two (2) and three (3) storey
apartment buildings. The trams and high volumes of traffic in these areas contribute to the busy, dense urban
character.
A summary of the key characteristics and threats to these precincts is provided in Table 5 on the next page.
Table 5:
Main Road Apartments
Precinct Type
Characteristics
Key Threats
Precincts
Main
Road
Apartments

2, 3 and 4 storey walk up
flats and apartments with
low or no front fences

40, 49

Dispersed single dwellings

Few or no nature strips

Landscaped front, side
rear setbacks
Lack of rear / side garden space for canopy
trees
or
12.2. Defining sub-categories
To allow a more locally specific implementation of the Neighbourhood Character Precinct Statements, subcategories of the four broad character types noted above are required. The following criteria were used to
further refine the four broad character types:

Scale of development (1, 2 or 3 storeys);

Siting of dwellings (attached, detached or semi-detached);

Subdivision pattern / Lot widths;

Backyard character;
40

Front fencing; and

Consistency of the above element.
Each of the 75 neighbourhood character precincts was assessed against these criteria to allow matching with a
specific character type. As a result a total of 13 subcategories were identified:

Low Scale Suburban 1

Low Scale Suburban 2

General Suburban 1

General Suburban 2

General Suburban 3

General Suburban 4

Semi-detached Suburban

Eclectic Suburban

Low Scale Inner Urban

General Inner Urban

Eclectic Inner Urban
The table contained at Appendix 2 provides a detailed analysis of each precinct and assessment of which
character type is most appropriate.
12.3. Re-defining neighbourhood character precinct boundaries
The assessment of each of the 75 neighbourhood character precincts against the above criteria allowed a
review of the precinct boundaries to determine whether the boundaries were accurate and reflected common
characteristics. The following two questions provided further overarching guidance in establishing the final
boundary alignment for each precinct.

Can you tell the difference when you move from one precinct to another?

Are different design guidelines required for one precinct compared to another?
As a result of this analysis, some of the previously established neighbourhood character precinct boundaries
were altered.
A "snapshot" of each character type is provided at Table 6 on the next page.
12.4. Matching Neighbourhood Character Precincts with Character Types
The final step in the translation of the Neighbourhood Character Precincts and Precinct Statements into one of
the new residential zones is the matching of a particular precinct to the most appropriate zone.
The character types were designed to assist with the implementation of the Neighbourhood Character Study
through relevant planning controls, including the State Government's new residential zones and associated
zone Schedules. In matching a particular precinct to a zone, the following characteristics of the new zones
were taken into account:

Opportunity to limit dwelling densities through the NRZ;

Default building heights and opportunity to specify alternative, mandatory building heights in the zone
schedules;

Opportunity to vary a number of ResCode standards through the zone schedules; and

Opportunity or need to utilise Design and Development Overlays to control different neighbourhood
character element.
41
Table 6:
Character Types Snapshot
Character
type
Scale
Siting
Front
setbacks
and gardens
High
presence of
2 and 3
storey
apartments
Consistent
band of
medium to
large
backyards
Front fence
heights
Low
Scale
Suburban 1
Mainly single
storey
Detached
Medium
large
to
No
Yes
Low or none
Low
Scale
Suburban 2
Mainly single
storey
Detached
Medium
large
to
No
Yes
Various
General
Suburban 1
Mainly 1 and
2 storeys
Detached
Medium
large
to
No
Yes
Low or none
General
Suburban 2
Mainly 1 and
2 storeys
Detached
Medium
large
to
No
Yes
Various
General
Suburban 3
Mainly 1 and
2 storeys
Detached
Medium
large
to
No
No
Low or none
General
Suburban 4
Mainly 1 and
2 storeys
Detached
Medium
large
to
No
No
Various
Semidetached
Suburban
Mainly 1 and
2 storeys
Semidetached
Medium
large
to
No
Yes
Various
Eclectic
Suburban
Mix of 1 to 3
storeys
Detached
Various
Yes
No
Low
medium
to
Low
Scale
Inner-Urban
Mainly single
storey
Detached,
close set
Small
No
No
Low
medium
to
General
Inner-Urban
Mainly 1 and
2 storeys
Detached,
close set
Small
No
No
Low
medium
to
Eclectic
Inner-Urban
Mix of 1 to 3
storeys
Detached,
close set
Small
Yes
No
Low
medium
to
Contemporar
y Townhouse
Mainly
storeys
Attached
Small
No
No
Low
medium
to
Main
Road
Apartments
Mainly 2 to 4
storeys
Detached
Small
Yes
No
Low
medium
to
2
42
Part D
Proposed Planning Controls
43
13. Proposed Residential Zones
Council is proposing to utilise all three new residential zones available with a number of schedules to provide
for alternative, mandatory building heights and variations to ResCode standards.
The table contained at Appendix 3 provides a summary of the proposed provisions of each zone while
Appendix 4 provides a detailed explanation of each zone and its provisions.
The table contained at Appendix 5 presents an overview of the ResCode variations sought through the various
schedules to the zones and provides the strategic justification for the variations.
For maps showing the application of the new residential please refer to the planning scheme amendment
maps.
13.1. Neighbourhood Residential Zone
The majority of residential zoned land within the City of Boroondara is proposed to be included in the
Neighbourhood Residential Zone. The key objective for the future development within these areas is to protect
and preserve the existing character. Further residential development is to be limited to a maximum of two (2)
dwellings per lot.
Building height provisions
As a default the NRZ includes a mandatory eight (8) metres height limit with Council having the ability to
nominate a different mandatory maximum through a schedule to the zone. Council is not proposing to set a
different maximum height limit through the schedule to the zone.
It should be noted that there are some specific circumstances where the height limit may be exceeded.
Maximum number of dwellings to a lot
The NRZ allows for a maximum of two (2) dwellings to be constructed on a lot. However, Council has the ability
for councils to vary this limitation through a schedule to the zone. Council is not proposing to vary the maximum
number of dwellings allowed on a lot.
Minimum Subdivision Areas
The NRZ enables local councils to specify a mandatory minimum area for new subdivisions. This provision
applies to the subdivision of vacant land as well as existing buildings. No default minimum subdivision area is
specified in the zone itself. That is, if no minimum area is specified in the Schedule to the zone, a planning
permit can be granted for the subdivision of land or buildings into a lot of any size.
As detailed above, the NRZ only allows a maximum of two (2) dwellings to be constructed on a lot. Therefore, if
no minimum subdivision area is specified in the Schedule to the zone it is likely that Council will receive a high
number of planning permit applications for the subdivision of vacant lots into small lot sizes in order to
maximise the housing yield for the site. This undermines the intent of the zone which is to create certainty for
the community and limit housing densities.
Consequently, Council is proposing minimum lot sizes for the Neighbourhood Residential Zone 1 and 2 as
detailed below. This minimum subdivision area is proposed to ensure that the new zones provide the housing
outcome and certainty intended.
Council is also requesting that the Minister for Planning change the NRZ head provision to allow subdivision of
dwellings which were constructed or for which a planning permit was issued after the new zones came into
effect. For a more detailed discussion, please refer to Chapter 18.
44
Neighbourhood Residential Zone Schedule 1 (NRZ1)
Which character types does the NRZ1 apply to?
The NRZ1 is proposed to be applied to the following character types:

Low Scale Suburban 1;

Low Scale Suburban 2;

General Suburban 1; and

General Suburban 2.
Key features of these precincts are summarised in the table below.
Table 7:
Character Types to be included in the NRZ1
Character type
Key features of Precincts
Zone
Low
Scale
Suburban 1 & 2*
Mainly single storey, detached houses on relatively wide lots with medium to
large front gardens. A consistent spine of medium to large, open back yards.
Comparatively low site coverage.
NRZ1
General Suburban
1 & 2*
Mainly 1 and 2 storey scale, detached houses on relatively wide lots with
medium to large front gardens. A consistent spine of medium to large, open
back yards. Comparatively low site coverage.
NRZ1
These precincts are characterised by an open feel as a result of the detached housing and consistent open
back yard. Multi-unit developments are not a strong characteristic of these precincts which is what sets them
apart from areas that are proposed to be rezoned to a GRZ.
What ResCode variations are proposed?
Table 8 below summarises the propose ResCode variations. These variations are intended to maintain the
open feel of these areas
Table 8:
ResCode variations in NRZ1
ResCode Standard
Standard proposed through NRZ1*
A5 & B8 - Site Coverage
Maximum 50%
A6 & A9 - Permeability
Minimum 35%
B13 - Landscaping
One (1) canopy tree to be provided in private open space of each
dwelling
A10 & B17 - Side and Rear
Setbacks
For walls adjacent secluded private open space, 2 metres plus 0.6
metres for every metre above 3.6 metres
A11 & B18 - Walls on Boundaries
1m side setback for the first 5m from the front of the house (car parking
structures accepted on 1 side boundary)
A17 & B28 - Private Open Space
Minimum 50m2 of private open space.
Minimum secluded private open space dimension of 5 metres
45
*Please note that standards are discretionary unless otherwise noted.
What minimum subdivision area is proposed?
The minimum lots size for the subdivision of land within the NRZ1 is proposed to be 500m 2.
The 500m2 minimum lot size reflects the lower end of the average lot sizes within the suburban style
Neighbourhood Character Precincts proposed for inclusion in the NRZ1. While some allotments within these
precincts are larger than 500m 2, many allotments are smaller as well, averaging out overall to 720m 2.
Overall, 500m2 is considered to be a generous size allotment that can comfortably accommodate a single
dwelling in a traditional garden setting without imposing on the character of amenity of the surrounding area.
This area also ensures single dwellings constructed on vacant lot subdivisions that maximise yield are
assessed through the planning process.
Neighbourhood Residential Zone Schedule 2 (NRZ2)
Which character types does the NRZ2 apply to?
The NRZ2 is proposed to be applied to the following character types:

Low Scale Inner Urban; and

Semi-detached Suburban
Key features of these precincts are summarised in the table below.
Table 9:
Character Types to be included in the NRZ2
Character type
Key features of Precincts
Zone
Low Scale
Urban
Mainly single storey, closely set houses on narrow lots with small front and
rear gardens. Comparatively high site coverage.
NRZ2
Mainly 1 and 2 storey detached dwellings and semi-detached duplexes /
contemporary town houses with medium to large front gardens. Consistent
spine of open back yards. Moderately high site coverage.
NRZ2
Inner
Semi-detached
Suburban
The precincts proposed for inclusion in the NRZ2 are characterised by closely set or semi-detached dwellings
on narrow lots.
What ResCode variations are proposed?
The NRZ2 proposes fewer variations to ResCode standards compared to the NRZ1 based on the smaller
allotments where in many instances it is difficult to already meet some of the ResCode Standards due to the
site constraints. Accordingly, the following ResCode variations are proposed:
Table 10: ResCode variations in NRZ2
ResCode Standard
Standard proposed through NRZ2*
B13 - Landscaping
One (1) canopy tree to be provided in private open space of each
dwelling
A17 & B28 - Private Open Space
Minimum secluded private open space dimension of 4 metres.
*Please note that standards are discretionary unless otherwise noted.
46
What minimum subdivision area is proposed?
The minimum lots size for the subdivision of land within the NRZ2 is proposed to be 300m2.
The 300m2 minimum lot size reflects the lower end of the average lot sizes within the inner-urban style
Neighbourhood Character Precincts proposed for inclusion in the NRZ2. While some allotments within these
precincts are larger than 300m 2, many allotments are smaller as well, averaging out overall to 440m 2.
Overall, 300m2 is considered a suitable lot size for an inner-urban area that facilitates a fine grain pattern of
development composed of single dwellings on narrow allotments.
13.2. General Residential Zone
The General Residential Zone (GRZ) allows for incremental change and modest housing growth. Development
within these areas needs to respect and preserve the established neighbourhood character. In this sense, the
GRZ sits between the Residential Growth Zone (RGZ), which enables housing growth and diversity, and the
NRZ which favours existing neighbourhood character and restricts housing growth (see above).
Building height provisions
As a default the GRZ contains a discretionary nine (9) metres height limit reflecting the less restrictive intent of
this zone in allowing for incremental change. Councils have the ability to specify a local mandatory maximum
building height within the GRZ through a schedule to the zone.
Council is proposing to specify different maximum building heights through the use of three (3) schedules. All
of these are proposed to be mandatory (GRZ1, 2 and 3 - see relevant discussion below). In addition, Council is
proposing to retain the default discretionary height limit for some individual sites (GRZ4 - see discussion
below).
General Residential Zone Schedule 1 (GRZ1)
Which character types does the GRZ1 apply to?
The GRZ1 is proposed to be applied to the following character types:

General Suburban 3; and

General Suburban 4.
Key features of these precincts are summarised in the table below.
Table 11: Table x - Character Types to be included in the GRZ1
Character type
Key features of Precincts
Zone
General Suburban
3 & 4*
Mainly 1 and 2 storey scale, detached houses on relatively wide lots and
medium to large front gardens. Often deep allotments that lack a consistent
backyard character due to high percentage of multi-unit villas and other
structures in rear gardens. Generally higher site coverage.
GRZ1
These precincts are characterised by detached housing but lack the consistent spine of open backyards of
areas that are proposed to be included in the NRZ1. This is due to the subdivision of lots as a result of multiunit developments that have already occurred in these precincts or the presence of other structures in the
backyard.
What is the height limit?
As detailed above, the GRZ allows for a different height limit to be set in a schedule to the GRZ. Council is
proposing to include a nine (9) metres mandatory height limit in the GRZ1. This would allow for developments
47
of one (1) or two (2) storeys plus a roof form. In some instances and depending on the particular site
constraints and buildings design this also provides opportunity for third level setbacks.
What ResCode variations are proposed?
To maintain the detached nature of the streetscape presentation, the following ResCode variations are
proposed:
Table 12: ResCode variations in GRZ1
ResCode Standard
Standard proposed through GRZ1*
B13 - Landscaping
One (1) canopy tree to be provided in private open space of each
dwelling
A11 & B18 - Walls on Boundaries
1m side setback for the first 5m from the front of the house (car parking
structures accepted on 1 side boundary)
A17 & B28 - Private Open Space
Minimum secluded private open space dimension of 4 metres.
*Please note that standards are discretionary unless otherwise noted.
General Residential Zone Schedule 2 (GRZ2)
Which character types does the GRZ2 apply to?
The GRZ2 is proposed to be applied to the following character types:

General Inner Urban; and

Contemporary Townhouse.
Key features of these precincts are summarised in the table below.
Table 13: Character Types to be included in the GRZ2
Character type
Key features of Precincts
Zone
General
Urban
Mainly 1 and 2 storey, closely set houses on moderately wide lots but with
small front gardens. Often deep allotments that lack a consistent backyard
character due to the high percentage of multi-unit villas that extend for the
length of the block. Some 2 and 3 storey apartments. Comparatively high site
coverage.
GRZ2
Mainly 2 storey, attached townhouses on narrow lots with small front and rear
gardens. Comparatively high site coverage.
GRZ2
Contemporary
Townhouse
Inner
These precincts are predominantly characterised by attached or closely set development without a consistent
spine of backyards due to subdivision pattern or development of units in rear gardens.
What is the height limit?
As detailed above, the GRZ allows for a different height limit to be set in a schedule to the GRZ. Council is
proposing to include a 10.5 metres mandatory height limit in the GRZ2. This would allow for developments of
two (2) to three (3) storeys plus a roof form.
What ResCode variations are proposed?
The following minor variations are proposed to be included in the GRZ2:
48
Table 14: ResCode variations in GRZ2
ResCode Standard
Standard proposed through GRZ2*
B13 - Landscaping
One (1) canopy tree to be provided in private open space of each
dwelling
A17 & B28 - Private Open Space
Minimum secluded private open space dimension of 4 metres.
*Please note that standards are discretionary unless otherwise noted.
General Residential Zone Schedule 3 (GRZ3)
Which character types does the GRZ3 apply to?
The GRZ3 is proposed to be applied to the following character types:

Eclectic Suburban; and

Eclectic Inner Urban.
Key features of these precincts are summarised in the table below.
Table 15: Character Types to be included in the GRZ3
Character type
Key features of Precincts
Zone
Eclectic Suburban
Mix of 2 and 3 storey apartments and 1 and 2 storey detached dwellings on
moderately wide lots. Comparatively high site coverage.
GRZ3
Eclectic
Urban
Mix of 2 and 3 storey apartments and 1 and 2 storey closely set houses with
small front and rear gardens. Comparatively high site coverage.
GRZ3
Inner
These precincts comprise a high percentage of "walk-up" flats which have little private open space at ground
level.
What is the height limit?
As detailed above, the GRZ allows for a different height limit to be set in a schedule to the GRZ. Council is
proposing to include a 10.5 metres mandatory height limit in the GRZ3. This would allow for developments of
two (2) to three (3) storeys plus a roof form.
What ResCode variations are proposed?
No ResCode variations are proposed as part of the GRZ3.
General Residential Zone 4
Which character types does the GRZ4 apply to?
The GRZ4 is proposed to be applied to the following sites:

Super-sized lots; and

Residential zoned land within activity centres, neighbourhood shopping centres and commercial corridors.
Each of these is discussed in more detail below.
49
What is the height limit?
The GRZ4 maintains the discretionary nine (9) metres height limit contained as a default in the GRZ. Any
development of sites within the GRZ4 need to demonstrate the appropriateness of the proposed height in the
context of the existing neighbourhood character. See further discussion below.
What ResCode variations are proposed?
No ResCode variations are proposed as part of the GRZ4.
Super-size lots
There are a number of 'super-sized lots' distributed throughout the municipality. Due to their size (and other
attributes), these site have the potential to accommodate development exceeding the mandatory height limit of
the adjoining land without detrimentally impacting on the character of the surrounding area. These sites are
therefore proposed to be included in the General Residential Zone Schedule 4 (GRZ4) rather than the more
restrictive Neighbourhood or General Residential Zone which applies to the surrounding area.
The starting point for the identification of these super-sized lots was a minimum 4000m 2 site area - a lot size
generally inconsistent with the subdivision pattern of the surrounding area. However, the size of the lot was not
the only determining factor in determining whether a site warrants not being included in the zone otherwise
applied to the precinct the super-sized lot is located within. Specifically, the following criteria were used when
identifying sites for exemptions:

Necessity - Some flexibility is required in order to facilitate the continued use and development of the site
which would otherwise be restricted by the mandatory height and dwelling density provisions of the
surrounding zone. For example, the Neighbourhood Residential Zone provisions relating to height and
maximum number of dwellings do not apply to non-residential uses. Therefore, no exemption is required to
enable the development or expansion of these non-residential uses such as community facilities or places
of worship etc. Similarly, sites that have already been recently developed for apartment buildings are not
likely to be redeveloped in the future and, therefore do not require an exemption from the mandatory height
provisions proposed.

Character and amenity impact - The size of these sites allows for redevelopment to a height and intensity
greater than allowed by the surrounding zone without impacting the character or amenity of the surrounding
area. These sites are also of a size to accommodate more than two (2) dwellings which would be the limit,
if included in the NRZ.

Public benefit - There is public benefit in allowing an exemption from the mandatory requirements of the
surrounding zone in terms of provision of community facilities or infrastructure.
Using these criteria, most super-sized lots recommended for the General Residential Zone 4 fall into one of the
following categories:

Residential Aged Care Facility

Nursing Home

Public/Social Housing

Select transitional sites (e.g. former hotels, service stations etc).
Sites generally not proposed for site specific exclusion include:

Single dwellings which are 'significant' graded heritage properties (these are generally mansions on large
grounds).

Non-residential uses such as community facilities, schools, hospitals, private sports clubs, places of
worship and parks and gardens.

Multi-unit developments which have only recently been completed, are currently under construction or are
in multiple ownership.
A list of the sites recommended for inclusion in the GRZ4 is provided at Appendix 6.
50
Residential zoned land within activity centres, neighbourhood shopping centres and commercial corridors
A number of residential zoned properties are located within the boundaries of Boroondara's Principal and Major
Activity Centres, neighbourhood shopping centres (NSC) and commercial corridors (CC). These sites are
included in areas subject to a Council adopted structure plan or the Neighbourhood Shopping Centres and
Commercial Corridor Guidelines. Some of these properties contain non-residential uses such as medical
centres, services stations, car parks, take-away food premises or community facilities. Others are strategically
located in the middle or on the edge of shopping precincts. In many cases these properties are candidates for
rezoning from a residential to a commercial zone.
However, further strategic analysis and justification is required prior to determine whether the sites should be
rezoned from the residential to a commercial zone. In the absence of such an analysis, it is recommended that
these sites be rezoned to the GRZ 4 as part of the implementation of the new residential zones. Inclusion of
these sites in the GRZ4 maintains existing development opportunities envisaged for the sites in a Council
adopted structure plan or strategy.
13.3. Residential Growth Zone
The Residential Growth Zone (RGZ) enables new housing growth and allows greater diversity in appropriate
locations and encourages the greatest residential density and scale of development amongst the three new
residential zones.
Building height provisions
The RGZ allows for residential developments of up to four storeys by setting a discretionary height limit of 13.5
metres. Councils have the ability to specify a different height limit in a schedule to the zone that cannot be
exceeded.
Council is proposing to make the 13.5 metres height limit contained in the zone a mandatory requirement.
Residential Growth Zone Schedule 1 (RGZ1)
Which character types does the RGZ1 apply to?
The RGZ1 is proposed to be applied to the following character type:

Main Road Apartments.
Key features of these precincts are summarised in the table below.
Table 16: Character Types to be included in the RGZ1
Character type
Key features of Precincts
Zone
Main
Apartments
Mainly 2 to 4 storey apartment buildings. Comparatively high site coverage.
RGZ1
Road
Precincts proposed for inclusion in the RGZ1 comprise a high percentage of apartment buildings of three (3) or
more storeys along main roads.
What ResCode variations are proposed?
No ResCode variations are proposed as part of the RGZ1.
13.4. Mandatory height limits explained
What is Council trying to achieve through the mandatory controls?
In any established urban area such as Boroondara there is a limit to the extent of growth which can be
sustainably accommodated in a location before it starts to compromise liveability and the area loses the
character and amenity benefits that the community value and relate to.
51
Council’s Neighbourhood Character Study and the proposed residential zones (including the schedules) have
been prepared with this as the guiding principle. As detailed elsewhere in this report, the preservation of the
established character is the key objective that has driven the development and application of the zones in
response to the Neighbourhood Character Precinct Statements. The height of buildings is a key element and
has significant influence on the character of a particular area. New development within a particular areas needs
to be consistent with the existing character and should therefore be of consistent scale. Discretionary building
heights do not provide the strong guidance and control required to achieve the desired character outcomes.
This can only be achieved through mandatory building heights. Application of mandatory building heights will
ensure that development is consistent with the established character and Council, in its assessment can focus
on assessing other aspects of the development rather than being side-tracked by discussions regarding the
proposed height of a building.
Council believes that mandatory controls are necessary as they provide certainty to residents, landowners and
developers and set out clear limits to the extent of development that can be approved in this area. This is
discussed in greater detail in subsequent sections.
Are the mandatory height limits justified?
Boroondara's proximity to the city, access to jobs and public transport networks make it a desirable place to
invest in new development. In addition to this, the Boroondara community has strong views on the level of
development they expect in their community and the type of environment they want to live in. The West
Hawthorn UDF was prepared to put in place a framework for change that balanced the need for growth along
with community expectations on the scale of development that was appropriate to retain the character valued
by the community.
Ongoing pressure to maximise development potential of sites is an ongoing issue in Boroondara that is
compromising the intrinsic characteristics that are valued by Boroondara residents. Prior to the introduction of
the mandatory controls the discretionary height controls in the Boroondara Planning Scheme were consistently
being challenged at VCAT and the limits being pushed. New developments will continue to push the limits of
discretionary controls unless there is some finality to what heights can be approved under the planning
scheme. Mandatory controls are necessary to provide this certainty.
Will mandatory height limits inappropriately constrain growth?
This issue is related to the discussion in Chapter 19 where it is argued that the proposed zones in general do
not inappropriately constrain or limit residential growth throughout the municipality. With regards to mandatory
heights it is considered that they do not unreasonably limit growth. As demonstrated later in this report in more
detail, there is sufficient capacity within the municipality to accommodate residential growth without the need to
allow higher development within the residential areas. In this regard the proposed mandatory height limits are
not inconsistent with the objectives of the SPPF and to meet the growth projections.
Administrative impacts of mandatory height limits
Boroondara, like many inner and middle ring councils, faces significant pressure from developers who want to
capitalise on the many attributes that Boroondara offers for its residents. Balancing this pressure, community
expectations, creating and protecting the preferred character of the municipality, and accommodating growth is
a complex issue.
Historically, Boroondara has experienced ongoing pressure from developers that want to test discretionary
height controls in the planning scheme in order to maximise the profitability of their developments. This has led
to ongoing concerns from residents and the perception that discretionary planning controls have no value as
they are often not up held by VCAT.
Boroondara's very active and vocal community consistently appeal decisions and take applications to VCAT if
they are not satisfied with the outcomes that are proposed. This has flow on impacts to Council and its
administration costs.
As a consequence of this, the City of Boroondara had the second highest appeal rate in the State in 2012, with
13.8 % of applications received by Council being determined by VCAT. Over the past 10 years Boroondara has
been in the top five councils for appeal rates and Hawthorn has been in the top 20 suburbs for appeals in
seven (7) of the last 10 years.
52
Getting the right outcome at appeals costs Council time and resources and is a costly exercise for Council,
residents and developers. The mandatory controls give certainty to residents and developers on what scale of
development they can expect in an area. It also provides statutory planning decision makers with clear limits on
the heights and setbacks they can issue permits for.
Whilst certainty is not a sole justification for mandatory controls, in Boroondara certainty is critical to reducing
costs associated with VCAT appeals, delivering the outcomes of the West Hawthorn UDF and managing
community expectations.
14. Design and Development Overlays
There are a number of precincts that display particular characteristics that require additional levels of
development control in addition to the provisions of the relevant residential zone. These are:


Areas with a consistent single storey character; and
Areas with a low front fence character.
A Design and Development Overlay (DDO) is considered the most appropriate planning tool to achieve the
additional level of development control, as it enables Council to:




target the provisions to relevant areas with the relevant character;
exclude properties subject to a Heritage Overlay where a planning permit is already triggered for all
external buildings and works, including dwelling extensions;
specify planning permit triggers aimed at encouraging specified design outcomes that protect the single
storey character while minimising the number of planning permit applications received; and
streamline the planning permit process by exempting relevant applications from notice and review.
Accordingly, Council is proposing to apply a DDO to each of these areas:


DDO21 – Single Storey Character Precincts; and
DDO22 – Low Front Fence Precincts.
In the case of some precincts, both character traits are evident and accordingly these areas are proposed to be
included in both DDOs. Each of these are discussed below in more detail and summarised in Table 17 on the
next page.
Please refer to the planning scheme amendment maps to see the areas included in DDO21 and DDO22.
14.1. Design and Development Overlay 21 - Single Storey Character Precincts
A number of precincts identified as part of the preparation of the neighbourhood character precincts have a
consistent single storey character. Given the minimum maximum height in any of the proposed zones allows
for dwellings to be eight (8) metres, greater oversight of upper levels is considered important to protect the
single storey character and streetscape presentation. This will ensure new development does not incorporate
sheer or bulky two storey forms that dominate adjoining properties or compromise the consistent scale and
character of the street.
The proposed DDO21 introduces a permit trigger for upper storey built form that is located within eight (8)
metres of the building’s front facade. DDO21 contains decision guidelines to enable a proper assessment of
any proposal that does not meet the permit trigger requirement.
Due to the various roof forms appearing in the relevant Neighbourhood Character Precincts, a simple 8m
setback is proposed for the permit trigger in order to simplify the provision and ensure most upper levels that
may impact on the character of single storey streetscapes are assessed through the planning permit
application process.
Applications pursuant to the provisions of DDO21 are exempt from notice and review requirements, although it
is important to note that notice and review requirements under other provisions of the scheme (e.g zone,
reduction in standard parking requirements etc.).
53
DDO21 does not apply for developments within a Heritage Overlay, as this already provides significant level of
development control.
14.2. Design and Development Overlay 22 - Low Front Fence Precincts
DDO22 will apply to areas where low front fencing is an important character element that makes a significant
contribution to the overall character of the precinct. The proposed DDO22 includes the following:



Permit trigger for fences over 0.5m, 1m or 1.2m depending on the characteristics of the precinct;
Decision guidelines; and
Exemption from notice and review.
DDO22 is not proposed for declared main roads in recognition of the additional traffic that occurs on these
roads. This exemption, therefore, preserves the right of residents to minimise noise impacts by installing higher
front fences.
As DDO21, DDO22 does not apply to areas included in the Heritage Overlay, as a planning permit is already
required for the construction of a fence.
Table 17: Summary of proposed Design and Development Schedules
DDO Schedule
Permit triggers
Precincts
DDO21 - Single Storey Character
Precincts
Second storey elements that are
not setback at least 5m from the
front facade of the dwelling.
Low Scale Suburban and Inner
Urban precincts
Front fences over 0.5m
7, 13, 23, 30, 47
Front fences over 1m
1, 50, 64, 65, 66, 69, 73
Front fences over 1.2m
6, 41, 42, 44, 48
Does not apply to properties:

within a Heritage Overlay

in a non-residential zone
DDO22 - Low Front Fences
4, 6, 16, 17, 25, 30, 31, 36, 41,
42, 43, 44, 45, 46, 50, 53, 64, 65,
66, 69, 71
Does not apply to properties:

within a Heritage Overlay

in a non-residential zone

fronting a declared main road
(RDZ1)
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15. Local Planning Policies
The introduction of the new residential zones and concurrent implementation requires revisions to existing local
planning policies to reflect the changed policy direction. While the new residential zones allow for greater local
variations, planning policies are still considered an important aspect of the development assessment process.
Council needs to ensure consistency across its planning scheme as much as possible and the revision to the
policies set out below are critical to achieving a balanced and complete regulatory framework.
15.1. Neighbourhood Character Policy (Clause 22.07)
Council's Neighbourhood Character Policy at Clause 22.07 provides guidance for the design of buildings in
residential zones. The current policy is based on the Residential Urban Character Study completed in 1996 and
has been superseded by the new Precinct Statements. Accordingly, Clause 22.07 is proposed to be updated to
(amongst other things):







List the Boroondara Neighbourhood Character Study Precinct Statements as reference documents;
Provide policy guidance for the various Neighbourhood Character Types;
In streets with a consistent spine of back gardens, discourage multi-storey development to the rear of
sites that would disrupt this backyard character (applies to suburban precincts);
Discourage side-by-side town houses on lots narrower than 18 metres in width (applies to suburban
precincts);
Encourage vacant lot subdivisions to be accompanied by three dimensional building envelopes;
Encourage pitched roofs where this is the predominant streetscape character; and
Encourage development on the edge of 'super-size lots' to be consistent in scale with the adjoining
streetscape.
15.2. Discretionary Uses in Residential Areas Policy (Clause 22.04)
Council's existing Discretionary Uses in Residential Areas Policy at Clause 22.04 provides guidance for the use
and development of non-residential uses in residential zones, as well as for non-traditional residential forms
which require a planning permit in the new residential zones (such as hotels, boarding houses and retirement
villages). The current policy is highly repetitive and does not refer to the recently adopted Neighbourhood
Character Precinct Statements. Consequently, the policy is proposed to be updated to:


Ensure discretionary uses the City's residential zones integrates with the character of the area's
preferred character as identified in the Boroondara Neighbourhood Character Study Precinct
Statements.
Reduce duplication and provide clearer policy guidance for the location, use and development of
discretionary uses.
55
16. Transitional arrangements
Neighbourhood Residential Zone
On 22 August 2013 transitional arrangements were introduced by the Minister for Planning for the NRZ at
Clause 32.09-2, 32.09-3, 32.09-5 and 32.09-8. The transitional arrangements exempt planning permit
applications that are lodged or approved prior to the introduction of the new residential zones into local
planning schemes from the following provisions:



Mandatory maximum height limit of eight (8) metres;
Mandatory maximum limit of 2 dwellings on a lot; and
Mandatory minimum subdivision area specified in the Schedule to the zone (for existing dwellings
constructed or approved prior to the introduction of the new zones).
This means that development applications within the NRZ which are submitted or approved prior to the gazettal
of the new zones are exempt from the mandatory requirements of this zone.
General Residential Zone and Residential Growth Zone
As mandatory maximum height limits are proposed for the GRZ1, 2 and 3 as well as the RGZ1, transitional
arrangements are proposed for these zones to ensure current planning permit applicants are not
disadvantaged. The transitional arrangements proposed exempt development from the mandatory height limit
specified in the relevant schedule to the zone for which a planning permit application was lodged or a planning
permit issued prior to the date of Council's request to the Minister for Planning to introduce the new Schedule
into the BPS (18 October 2013). Any planning permit application lodged after the 18 October 2013 would have
to comply with the mandatory heights.
This transitional arrangement aims to maximise natural justice to planning permit applicants while minimising
the number of planning permit applications lodged for development that exceeds the proposed mandatory
maximum height prior to the introduction of the new zones into the BPS.
Design and Development Overlay 21 and 22
DDOs 21 and 22 introduce additional planning permit triggers for upper level buildings and works and front
fences over a specified height. Transitional arrangements are proposed for these overlays which exempt
development with an existing planning or building permit from the permit triggers specified. This ensures
approved development can proceed without the need for an additional planning permit.
56
17. Subdivision of lots smaller than minimum area required
On the 16 September 2013, the UPSC resolved to request that the Minister for Planning amend the subdivision
provisions of the Neighbourhood Residential Zone (Clause 32.09-2) to allow subdivision of lots smaller than the
minimum lot area specified if the dwellings are constructed after the introduction of the new zone.
Clause 32.09-2 currently states the following:
A permit is required to subdivide land.
A schedule to this zone may specify a minimum lot size to subdivide land. Each lot must be at least the
area specified for the land, except where an application to subdivide land is made to create lots each
containing an existing dwelling or car parking space, where an application for the existing dwelling or
car parking space was made or approved before the approval date of the planning scheme amendment
that introduced this clause 32.09 into the planning scheme.
Council considers the current provision to be too restrictive. The appropriate test for the construction of two
dwellings on a lot in the NRZ is an assessment against the provisions of the zone, ResCode and any other
policy of relevance. Once this process has determined that a dual occupancy is an acceptable outcome for a
particular site, subdivision of these dwellings - once constructed - should not be prohibited even if the resulting
lots are smaller than the minimum area required under the NRZ. In those instances subdivision of the
constructed dwellings presents purely an administrative process. Provided the appropriate planning
assessment occurs in the consideration of a dual occupancy development, the subdivision in itself will have no
impact on the character of the neighbourhood, and therefore, should not be an unnecessary constraint of
developing land for a maximum 2 dwellings.
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18. Will the application of the residential zones limit growth?
As outlined throughout the report, the key driver for the application of the new residential zones within the City
of Boroondara is the preservation of the established neighbourhood character. Extensive consultation
undertaken as part of the various pieces of strategic work over the last few years and feedback received
through objections to planning permit applications as well as VCAT decision has clearly highlighted the
community’s expectation:


A strong preference for mandatory heights; and
Protection of the existing neighbourhood character.
The Neighbourhood Character Precinct Statements adopted by Council in September 2012 clearly set out the
preferred future character for each precinct and highlight the elements Council and the community to be
preserved and protected from inappropriate development.
As the analysis in the preceding chapters has illustrated, there is a strong nexus between the Neighbourhood
Character Study and the implementation of the new zones. Using this work to determine which zones to apply
in which locations is considered entirely appropriate.
However, Council’s case for the new residential zones is further supported by the following:



Current development patterns;
Policy directions for activity centres, neighbourhood shopping centres and commercial corridors; and
Development capacity.
Each of these aspects is discussed in further detail in the following chapters and together underline the validity
of the residential zones as recommended by Council.
18.1. Current development patterns
An analysis of where residential development has occurred over the last decade provides an important insight
into how current development patterns align with the spatial distribution of the new residential zones. In
particular, it is obvious that the areas proposed to be rezoned to NRZ and therefore limited to a maximum of
two dwellings on a lot are also the areas where the overwhelming majority of developments approved are dual
occupancy.
Table 18: Total number of developments approved by number of dwellings (01/01/03 - 01/01/13)
Number of dwellings approved
Total number of developments approved
Two (2) dwellings
519
Three (3) dwellings
96
Four (4) to nine (9) dwellings
44
10+ dwellings
14
Map 6 on the following page shows the spatial distribution and confirms that areas proposed to be rezoned to
the NRZ are the areas where dual occupancies are occurring and indeed the predominant type of
development. In this regard the application of the NRZ provides a new regulatory framework that is consistent
with the development experienced within these areas.
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Map 6: Spatial distribution of permits issued for multi-unit developments,2003-2013 (Source: City of Boroondara, 2013)
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18.2. Planning for Council’s Activity Centres, Neighbourhood Shopping Centres and
Commercial Corridors
The application of the new residential zones cannot be considered in isolation of other strategic work Council is
currently undertaking and in the process of implementing into the BPS. Of particular relevance are Council’s
efforts in implementing adopted structure plans for the Camberwell Principal Activity Centre, the Glenferrie and
Kew Major Activity Centres (MACs) as well as the numerous Neighbourhood Shopping Centres and
Commercial Corridors. These strategies have a significant impact on residential growth throughout the
municipality allowing for significant opportunities for residential growth to occur in other areas than established
suburban residential areas that have a highly valued character.
Camberwell Principal Activity Centre (CPAC)
The Camberwell Junction Structure Plan (CJSP) was developed as the result of an intensive period of research
and consultation between 2005 and 2008. Council adopted the CJSP in October 2008 and again in 2011 with
some minor updates.
One of the key guiding principles for the CPAC is to encourage increased residential densities in a variety of
housing forms throughout the centre.
Council is currently in the early stages of preparing a planning scheme amendment to implement the CJSP into
the BPS.
Glenferrie and Kew Major Activity Centres
Council has prepared and recently exhibited amendments to implement the Glenferrie (C???) and Kew (C???)
Structure Plans into the Boroondara Planning Scheme. The policy direction contained in both amendments
supports additional residential development within either activity centre. These are locations that are well
serviced by public transport, community services and commercial activity.
Neighbourhood Shopping Centres and Commercial Corridors
Council has also recently prepared and exhibited Amendment C108 which seeks to implement the Boroondara
Neighbourhood Shopping Centres and Commercial Corridor Guidelines. These guidelines set the strategic
framework for land use and development within the neighbourhood shopping centres (NSC) and commercial
corridors (CC). Similar to the Glenferrie and Kew MACs then, the NSC and CC play an important role in
providing for residential growth within the municipality.
Together with the three activity centres noted above, Council believes that the City's neighbourhood shopping
centres and commercial corridors are well place to accommodate the majority of population growth.
A comprehensive and balanced planning framework
The regulatory framework Council is seeking to implement through the various pieces of work relating to activity
centres, neighbourhood shopping centres, commercial corridors and residential zoned land establishes a clear
vision to guide residential development into targeted areas while ensuring that the valued character and
amenity of established residential areas is protected and preserved. This will be achieved by providing areas
for:



more intense residential development is supported and actively encouraged – activity centres,
neighbourhood shopping centres, commercial corridors and land to be rezoned to Residential Growth
Zone;
incremental change consistent with the established neighbourhood character – areas to be rezoned to
General Residential Zone; and
limited residential growth to ensure the established character is maintained and enhanced – areas to
be rezoned to the Neighbourhood Residential Zone
This framework provides is strategically based, comprehensive and balanced to manage residential growth
within the City of Boroondara.
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18.3. Capacity for residential growth
The above framework for residential growth to be targeted in clearly designated areas is further supported by
the capacity analysis undertaken as part of the planning for Council’s neighbourhood shopping centres and
commercial corridors (currently being sought to be implemented through Amendment C108). The capacity
analysis undertaken by EdgResearch in June 2012 demonstrated that the network of Principal and Major
Activity Centres, neighbourhood shopping centres and commercial corridors can accommodate an additional
13,760 dwellings. Forecasting prepared by i.d Consulting anticipate that from 2012 to 2031, the population of
the City of Boroondara is expected to increase by 24,020 people and will require the construction of
approximately 10,771 additional dwellings (refer to Diagram 3).
Diagram 3:
Forecast residential development in City of Boroondara 2012-2031 (Source: id Consulting)
In comparing these figures it is clear that there is sufficient capacity within the activity centres, neighbourhood
shopping centres and commercial corridors alone to accommodate the projected growth in residential
development. Coupled with the capacity for growth in areas proposed to be rezoned to RGZ and GRZ (subject
to achieving the preferred future character), this presents a strong argument that there is no need to release a
more residential land for higher density development. Instead, the protection and preservation of the
established neighbourhood character can take precedence.
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Appendices
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