Planning and Environment Act 1987
KINGSTON PLANNING SCHEME
AMENDMENT C144
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by the City of Kingston which is the planning authority
for this amendment.
The Amendment has been made at the request of the City of Kingston.
Land affected by the amendment
The amendment applies to the following land (refer to figure 1):
 41 Melrose Street, Parkdale
 1/41 Melrose Street, Parkdale
 2/41 Melrose Street, Parkdale
 41A Melrose Street, Parkdale
 43 Melrose Street, Parkdale
 45 Melrose Street, Parkdale
 47 Melrose Street, Parkdale
Land affected by
the amendment
Figure 1: Land affected by the amendment
The affected land is bounded by Carrier Ave and Melrose Street, and surrounded by existing
residential development to the east, 361 Nepean Hwy and the Parkdale Plaza to the south
and commercial zoned land to the west occupied by Bob Jane T-Marts. The land to the
north is occupied by Central Bayside Community Health and is owned by the Department of
Human Services.
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What the amendment does
The amendment proposes to rezone land at 41-47 Melrose Street, Parkdale from
Commercial 2 Zone to General Residential Zone – Schedule 3, apply an Environmental
Audit Overlay to the land and make consequential changes to Clauses 21.04, 21.05 and
21.06.
Specifically, the amendment proposes to:

Rezone the land from Commercial 2 Zone (C2Z) to General Residential Zone Schedule
3 (GRZ3);

Apply an Environmental Audit Overlay (EAO) to the land;

Amend the map ‘Strategic Land Use Framework Plan’ in Clause 21.04 – Vision to
include the affected land in areas for promotion of Incremental Housing Change;

Amend the map ‘Residential Land Use Framework Plan’ in Clause 21.05 – Residential
Land Use to include the affected land in areas for promotion of Incremental Housing
Change.

Amend the map ‘Retail and Commercial Land Use Framework Plan’ in Clause 21.06 –
Retail and Commercial Land Use to remove the affected land from areas identified for
Restricted Retail Precincts.

Amend the map ‘Strategic Land Use Framework Plan’ in Clause 21.04 – Vision and map
in ‘Residential Land Use Framework Plan’ in Clause 21.05 – Residential Land Use to
correct a number of mapping anomalies.
Strategic assessment of the Amendment
Why is the amendment required?
The Amendment is required to rezone the affected land from a Commercial 2 Zone (C2Z) to
the General Residential Zone Schedule 3 (GRZ3) to facilitate the use and development of
the land for residential purposes, with potential for other compatible uses such as a home
occupation or limited commercial uses such as a food and drink premises / convenience
shop.
The affected land is considered suitable for residential accommodation. This amendment
seeks to align the existing and preferred land use of these sites with State and local planning
policy.
Although the land is within a commercial zone, it is not within an activity centre or the
Parkdale Plaza. The land fronts a residential side street (Melrose Street) and not the
Nepean Highway which is a Category 1 Road Zone. The amendment will enable a transition
of the land to a land use that is more compatible with surrounding existing residential
development.
The amendment is also required to facilitate a transition away from commercial,
manufacturing, industrial, bulky goods, retailing or other business and commercial services
that would constitute an inappropriate land use outcome in a predominately residential
context and side street off a main road. This transition is considered appropriate given the
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surrounding existing residential land use and established residential neighbourhood; and
lack of access to the principal public transport network or convenient access to the local
public transport network.
The application of the EAO will ensure that any potentially contaminated sites are
appropriate for sensitive land uses.
The amendment also proposes to correct a number of historical mapping anomalies within
the ‘Strategic Land Use Framework Plan’ in Clause 21.04 – Vision and the ‘Residential Land
Use Framework Plan’ in Clause 21.05 – Residential Land Use to align the planning scheme
with previously approved and gazetted amendments.
How does the Amendment implement the objectives of planning in Victoria?
The amendment implements the objectives of planning in Victoria by facilitating the fair,
orderly, economic and sustainable use and development of the land in a manner that
balances the present and future interests of an established residential community with the
needs of adjoining commercial businesses.
The rezoning will facilitate additional housing to help meet future demand in Parkdale.
The application of the EAO will ensure land is appropriate for sensitive land uses.
How does the amendment address any environmental, social and economic
effects?
Environmental Effects
The amendment proposes the introduction of an EAO, to ensure that potentially
contaminated land is suitable for more sensitive uses. A Statement or Certificate of
Environmental Audit is required before a sensitive use (residential, child care centre, preschool or primary school) commences or before the construction or carrying out of buildings
and works in association with a sensitive use commences.
The amendment will reduce conflicting land uses to improve the amenity of the area. It will
impact on buffers and threshold distance requirements within the planning scheme by
triggering a planning permit for ‘industry’ and ‘warehouse’ on the remaining C2Z area on
Nepean Hwy and Carrier Ave, as the proposed amendment will introduce residential land
that will be within 30 metres of these C2Z sites. This will provide Council the opportunity to
assess planning applications for proposals which may adversely impact the surrounding
residential land use.
Social Effects
The amendment is expected to have a number of positive social impacts on this local area:



Providing a scale and level of housing density which is consistent with Council’s
framework plan for housing change and is commensurate with the suburban location /
distance to existing public transport networks whilst continuing to cater for both the
current and projected household profile in Parkdale;
Enhancing the attractiveness and physical conditions of Melrose Street by facilitating a
transition from adhoc commercial/industrial development/use to residential uses;
Improving the amenity and liveability of the area by removing industry and commercial
use in streets predominately used for residential purposes;
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

Reinforcing a sense of place through the provision of development which is in character
with the surrounding residential land use;
Directing employment to activity centres and industrial precincts with superior access to
public transport e.g. Parkdale Neighbourhood Activity Centre.
Economic Effects
The amendment provides for a number of positive economic impacts including:



Removal of underutilised commercial land in a residential context;
Consolidating employment opportunities to activity centres and industrial precincts with
superior access to existing public transport;
Providing opportunities for home occupation uses in accordance with Clause 52.11 –
Home Occupation on sites designed and already built with this flexibility, within close
proximity to the Parkdale Plaza and Southern Health (i.e. 43-47 Melrose Street).
Does the amendment address relevant bushfire risk?
There is no bushfire risk identified for the subject land.
Does the amendment comply with the requirements of any other Minister’s
Direction applicable to the amendment?
The amendment is consistent with the Ministerial Direction on the Form and Content of
Planning Schemes under Section 7(5) of the Planning and Environment Act 1987 and meets
the requirements of relevant Ministerial Directions:
Ministerial Direction 1: Potentially Contaminated Land
Section 12 (2)(a) of the Planning and Environment Act 1987 will be satisfied in respect of
Ministerial Direction 1 – Potentially Contaminated Land through the inclusion of an EAO to
ensure the land is suitable for a sensitive land use.
Ministerial Direction 9: Metropolitan Strategy
The amendment is affected by Ministerial Direction Number 9. This direction requires that
the metropolitan strategy be considered in the assessment of all amendments. This direction
will be satisfied as the proposal envisages the consolidation and containment of residential
development in an existing urban context located wholly within the Urban Growth Boundary.
This amendment complies with Ministerial Direction 11 – Strategic Assessment of
Amendments and Ministerial Direction No.15 – The Planning Scheme Amendment Process.
Does the Amendment support or implement the State Planning Policy
Framework and any adopted State policy?
The amendment is consistent with the State Planning Policy Framework in that it aims to
promote:

Achieving settlement objectives with the removal of existing conflict of land uses;

Urban consolidation to promote population growth and employment opportunities in
close proximity to established services and facilities;
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
Opportunity for good quality, energy efficient urban design;

Efficient use of existing infrastructure.
How does the Amendment support or implement the Local Planning Policy
Framework and specifically the Municipal Strategic Statement?
The amendment will facilitate a land use change from commercial uses such as industry to
residential use. This change is consistent with policy direction contained within the LPPF, in
particular the redevelopment of redundant industrial sites where these uses may conflict with
residential interfaces.
The amendment is consistent with the LPPF in that it aims to promote:

Single dwellings and some dual occupancy in areas designated for incremental housing
change, being the underlying classification of residential change identified for this area in
Parkdale. However, it is noted that the GRZ3 provides a discretionary requirement that
could enable the assessment of more than two dwellings on a site;

Lower density housing in established suburban areas that do not have direct access to
activity/transport nodes and "encourage" only incremental change in housing density
(incremental housing change areas). Such areas will retain their predominantly single
dwelling character and incremental change will occur in the form of single dwellings or
the equivalent of dual occupancy developments on average sized lots;

New residential development that respects neighbourhood character and is site
responsive, and that medium density dwellings are of the highest design quality;

Innovative infill development adjacent to established residential areas on underutilised
industrial sites;

Redevelopment of smaller pockets of industrial land located within residential areas for
innovative residential or mixed use development;

Amelioration of sensitive industrial/residential interface issues;

Land use that reduces competitiveness to surrounding activity centres.
Clause 21.05 identifies that development in incremental housing change areas should take
the form of extensions to existing houses, new single dwellings or the equivalent of new two
dwelling developments on average sized lots. The proposed rezoning will ensure that the
existing scale of the single dwelling character of the surrounding area is encouraged and
respected.
Clause 21.06 encourages the protection and strengthening of the hierarchy of activity
centres within Kingston. The reduction of commercial zoning around the Parkdale Plaza will
direct and strengthen commercial activity to the Parkdale neighbourhood activity centre
where public transport infrastructure is available.
Does the Amendment make proper use of the Victorian Planning Provisions?
The proposed amendment makes appropriate use of the existing Victoria Planning
Provisions through the implementation of the General Residential Zone and Environmental
Audit Overlay.
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The General Residential Zone (GRZ) is the most appropriate zone to encourage the
preferred development outcome for this area.
The application of the Environmental Audit Overlay (EAO) will ensure that the land is
appropriate for the establishment of sensitive land uses.
How does the Amendment address the views of any relevant agency?
The views of relevant referral agencies will be sought during the exhibition of this
amendment.
How does the Amendment address the requirements of the Transport
Integration Act 2010?
The proposed amendment will not have a significant impact on the transport system and
there are no applicable statements of policy principles under section 22 of the Transport
Integration Act 2010.
Resource and administrative costs

What impact will the new planning provisions have on the resource and
administrative costs of the responsible authority?
The consideration and implementation of the amendment and the future development and
use is not anticipated to have any significant ongoing impacts upon Council’s resources.
Where you may inspect this Amendment
The amendment is available for public inspection, free of charge, during office hours at the
following places:
City of Kingston Offices
Planning Information Centre
Level 1, 1230 Nepean Highway
Cheltenham
(office hours)
Customer Service Centre
1 Chelsea Road
Chelsea
(co-located with the Library)
(10am – 4:30pm)
City of Kingston Website
www.kingston.vic.gov.au
The amendment can also be inspected free of charge at the Department of Environment,
Land, Water and Planning website www.dtpli.vic.gov.au/publicinspection.
Submissions
The closing date for submissions is Monday 30 March 2015. A submission must be sent to:
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Email: strategicplanning@kingston.vic.gov.au
Post: City of Kingston
Strategic Planning Unit
PO Box 1000
Mentone 3194
Panel Hearing Dates
In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing
dates have been set for this amendment:

Directions Hearing: week commencing 20 July 2015

Panel Hearing: week commencing 31 August 2015
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