Meeting Date: 13 September 2013 Sector conversation on converting the residential zones Background The MAV recently hosted a workshop to provide councils with the opportunity to understand the different approaches being taken to covert to the new residential zones. A total of nine councils shared their approach, the work they are doing or have done, and the lessons that have broader application. Hosts were also given the opportunity to seek feedback from their peers. This is not a verbatim record, but a summary document that attempts to capture the peer-topeer conversation during the session. Glen Eira Ron Torres, Manager of Planning and Transport; Rocky Camera, Coordinator Strategic Planning; Russell Smith, Principal Strategic Planner; and Mark Stanojevic, Manager Statutory Planning Glen Eira City Council has developed its Housing Strategy over the last 12 years. They are the first council to convert to the new zones through Ministerial Amendment (20(4)). Glen Eira introduced their Housing Strategy in 2002 and implemented it through their local policy A Ministerial Amendment has introduced the new zones. Each of the three residential zones contains a mandatory maximum height limit Glen Eira was required to demonstrate that they could meet the likely growth demands informed by the housing capacity work The Neighbourhood Residential Zone covers what was referred to as their minimal change areas (78 per cent of the municipality). This includes one schedule that varies the ResCode requirement for rear setbacks, permeability, site coverage and open space. The General Residential Zone covers the majority of housing diversity areas. This includes three schedules, one for Neighbourhood Centres (10.5 metre height limit), a second for tram routes and the transitional edge of centres (10.5 metre height limit + multi-level rear setbacks) and the third a strategic site schedule (same as schedule 2). The 10.5 metre height limit was determined on the basis of three storeys with a pitched roof. The Residential Growth Zone covers the urban villages of Carnegie, Elsternwick and Bentleigh. It contains a 13.5 metre mandatory maximum height limit. 1 Meeting Date: 13 September 2013 City of Greater Dandenong Rachel Lunn, Manager of Planning and Design The City of Greater Dandenong has completed a residential development and neighbourhood character policy in recent years and will shortly seek to convert the zones through Ministerial Amendment (20(4)). Dandenong introduced its Neighbourhood Character Strategy in 2009 and has included it as local policy in the planning scheme at Clause 22.09. This work lines up almost exactly with the new residential zones. The Statutory Planning Department has been implementing this approach successfully since early 2010 with backing from VCAT in decision-making. Dandenong, Noble Park and Springvale will have the Residential Growth Zone introduced around the activity centres in the current Residential 2 Zone 60 per cent of the municipality will be covered by the General Residential Zone, approximately 30 per cent will be covered by the Neighbourhood Residential Zone and the remaining 10 per cent or so will be included in the Residential Growth Zone. There are some areas furthest away from the activity centres that currently have Residential 3 Zone classification that will be converted to the Neighbourhood Residential Zone. These will have requirements in the schedule to reflect the height restriction in the current Clause 22.09 policy of 9 metres. A Ministerial Amendment has been requested. This approach was supported by councillors on the basis that nothing would really change, as decision-making had been based on the same parameters for several years. For Greater Dandenong, it’s a straightforward conversion. Stage one is the 20(4), Stage two will be further work to refine the existing policies and transition areas. Discussion Built form transition between zones is needed – particularly to the Neighbourhood Residential Zone. Glen Eira has introduced setback requirements into their General Residential Zone to achieve this. Greater Dandenong will explore using schedules to transition between zones in Stage two. Non-residential uses in residential zones can be an issue for some councils and decision guidelines might be required. Greater Dandenong is proposing a Council Policy to seek to deal with this, as the City has some particular compliance issues with places of worship and assembly in the residential zones already. Clearly defined boundaries are really important, as too is getting the support and understanding of the Statutory Planners and developers. 2 Meeting Date: 13 September 2013 Brimbank Liz Lewis, Senior Strategic Planner Brimbank City Council Brimbank City Council has completed a Housing Strategy that can be implemented through the new residential zones. The zones will be implemented through Ministerial Amendment (20(4)). The adopted Housing Strategy is now one year old. It is light on text and heavy on pictures because of the high percentage of the community that is from a non-English speaking background (50 per cent) The strategy includes three levels of change. These areas were determined using Interactive Multivariable Analysis (a tool developed by Brimbank). The three levels of change can be easily translated into the residential zones Brimbank intends to introduce the Neighbourhood Residential Zone across 70 per cent of the municipality. This is based, not necessarily on neighbourhood character, but also other important factors such as accessibility to transport The General Residential Zone will be applied to about 25 per cent of the municipality The Residential Growth will be applied to about 5 per cent of the municipality Other zones include an Activity Centre Zone over Sunshine, Business over St Albans and a Comprehensive Development Zone over Watergardens Each zone will have one schedule – this is largely to vary the open space, site coverage requirements The Municipal Strategic Statement (MSS) will be given a quick update with new statistics and reference to the Housing Strategy. Brimbank ais contemplating whether a local policy may be required to articulate what the zones can’t, such as design guidelines A Ministerial Amendment (20(4)) will be requested, however, there will be 1 month preconsultation with the community including information sessions, online information, a call line and a public forum. This is estimated to cost $40,000. Discussion There is some concern from planners/administrators that whilst it is useful to hear from the community, it is unlikely that the map and application of the zones will change as a result of the consultation The resources dedicated have been significant with a full-time officer dedicated firstly to the Housing Strategy and then to the application of the zones (one year) and three months of another officer to undertake the Multivariable Analysis There has been no increase in applications for permits in the interim but this may change once the pre-consultation commences 3 Meeting Date: 13 September 2013 Moreland is also undertaking pre-consultation (two months) to gauge support and mentioned it will probably head down the path of a standard amendment process Moonee Valley is considering introducing mainly Neighbourhood Residential and General Residential – no Residential Growth Zone Macedon Ranges has undertaken a Settlement Strategy but is getting some push back from Department of Transport, Planning and Local Infrastructure (DTPLI) that this is not enough work and that a Housing Strategy is required Monash and Maroondah are still in the process of scoping what the zones will mean and identifying issues Whittlesea is hoping to adopt its Housing Strategy in October. This will enable a fairly straightforward translation into the zones. Councillors are however, a bit anxious about undertaking a (20(4)) amendment Whitehorse has reviewed its Housing Strategy and Activity Centre Strategy. It will undertake pre-consultation with the view of mainly introducing the General Residential Zone. Bayside Matt Kelleher, Manager of Urban Strategy and Virginia Howe, Senior Strategic Planner Bayside City Council completed its Housing Strategy (2012) and is likely to convert the zones in a two-stage process – firstly introducing the General Residential Zone to areas with structure plans and then introducing the Neighbourhood Residential Zone through a standard amendment process. Housing strategy provides guidance on where Council seeks to direct growth and where growth is to be limited. Growth is primarily to occur in Principal Activity Centres (PACs), Major Activity Centres (MACs), Neighbourhood Activity Centres and Strategic Redevelopment sites. The approach is based on a 40 per cent development rate over 15 years (equating to roughly 11,000 dwellings). There is a very low growth rate in Bayside based on VIF data. Bayside has also spent a lot of time on heritage and neighbourhood character studies The General Residential Zone is intended to be introduced to Hampton, Sandringham, Church Street and Bay Street MACs, and Highett and Black Rock Neighbourhood Activity Centres, all of which have completed structure plans with height limits specified. The General Residential Zone is considered to best reflect the controls that are currently in place under the Bayside Planning Scheme and will, in effect, be a policy neutral translation. Cheltenham, Moorabbin, Southland and Elsternwick Activity Centres, designated growth areas in the Housing Strategy, still require structure plans to be prepared. These areas 4 Meeting Date: 13 September 2013 will be included in the General Residential Zone with a discretionary 9 metre height limit until Structure Plans are completed. A Ministerial Amendment (20(4)) will be requested to introduce the General Residential Zone The Neighbourhood Residential Zone will be applied to the remaining established residential areas in the municipality. Two schedules are envisaged, with one for coastal areas (9 metre height limit) and the other for inland areas (8 metre height limit). Bayside will also be seeking variations to ResCode Standards in the schedules, with a 4 metre rear setback, an increase in private open space requirements for two dwellings on a lot, and increased permeability requirements to 35 per cent. The existing ResCode variations in the Residential Zone One schedule are to be retained (50 per cent site coverage, minimum front setback requirement, side setback and front fences). A standard planning scheme amendment process will be undertaken to introduce the Neighbourhood Residential Zone. Discussion Kingston is considering introducing the General Residential Zone along their coastal areas. Height is an issue as some areas are affected by flooding and require additional height Stonnington has internal legal advice that it should go through a standard amendment process for introducing the Neighbourhood Residential Zone because it restricts development potential. Currently it is considering using this zone over approximately 35 per cent of the municipality Bayside is concerned about pre-emptive subdivision applications so will seek to introduce a 400m2 minimum lot size restriction All councils may have an influx of planning applications because of the transitional provisions in the Neighbourhood Residential Zone. Applications lodged before the new zone comes into effect cannot be assessed against the two dwelling limitation, maximum height limit and subdivision lot size. Bayside and Stonnington are considering interim controls to prevent pre-emptive applications. No advice has yet been sought from the DTPLI about this approach. There is some concern that councils might be well advanced with their amendments but not complete by the June 2014 deadline. 5 Meeting Date: 13 September 2013 Cardinia Tracey Parker, Manager Planning Policy & Projects Cardinia Shire Council has completed several township strategies and is considering using a staged approach to converting the residential zones. Rural townships (Emerald, Cockatoo) are the greatest concern as the Growth Areas Authority is overseeing conversion of Urban Growth Zone land in the Pakenham / Officer growth corridor Township strategies have been completed for these ‘railway towns’, which will be used to guide application of the new zones Some of the main issues facing rezoning in these locations are small lot sizes, BMO coverage, absence of reticulated sewer, flooding issues and flora and fauna constraints The MSS has been recently reviewed although no housing strategy has been completed A (20(4)) amendment process is preferred with existing township strategies to be used to guide zone transitions. DDO’s are in place but whether these can also be used as justification for the adoption of the NRZ is unknown Concern over land beyond the boundaries of townships – these towns are outside the UGB and Council is concerned that land owners outside the township boundaries established under the township strategies will seek to also be rezoned from LDRZ to GRZ Council has also raised the issue of the need to seek ratification for decreasing minimum lot sizes on land being rezoned outside the UGB. Discussion Raised issue of converting DDO’s to zone schedules – will not be pursuing RGZ as it opens up commercial uses and higher densities can be achieved under the GRZ It is suggested that regional growth strategies and other documents such as township strategies, structure plans and local planning policies could be combined to create a ready-made ‘housing strategy’ to guide adoption of the zones. Wangaratta Harj Singh, Manager of Planning and Customer Service The Rural City of Wangaratta has prepared a Population and Housing Strategy (final draft) and proposes to exhibit the strategy and zones through the amendment process. 6 Meeting Date: 13 September 2013 It is intending on using the residential growth zone, general residential zone and neighbourhood residential zones. A population study / housing strategy will soon be completed which recommends the use of all three zones Around the Central Activity Area the RGZ is intended to be applied (although areas with flood issues will be exempted) to accommodate 3 - 4 storey development The presence of medium density and institutional buildings (e.g. Hospital) will define a transitionary zone where RGZ will give way to the GRZ, which will be applied to all existing residential land across the municipality The NRZ will be applied in areas where the HO already constrains development Other townships within the municipality will also be included in the GRZ Council sees no conflicts arising between DDO’s and RGZ outcomes Council intends to exhibit the amendment. Warrnambool Lauren Schneider, City Wide Planner Warrnambool City Council is currently undertaking a Housing Strategy to guide population growth over the next 30 years. The strategy, coupled with further projects such as the Neighbourhood Character Study and a review of development within existing urban areas, will guide the implementation of the new residential zones. The land use strategy is completed and growth areas are already determined A housing strategy is underway to re-assess the directions and recommendations of the 2004 land use strategy In the interim all areas will transition to GRZ through a (20(4) amendment An existing DDO prescribing 7 metre building height limits that applies acrossresidential areas will be removed to ensure consistency with the new residential zones NRZ will be applied later once character assessments have been undertaken to inform if/where the NRZ is required Concerns over the interface boundary with Moyne Shire agricultural areas have been raised. 7 Meeting Date: 13 September 2013 Colac Otway and Surf Coast Don Lewis, Senior Strategic Planner, Colac Otway Shire and Brydon King, Manager Planning and Building, Surf Coast. Colac Otway and Surf Coast shires have undertaken significant planning for settlements in their municipalities including Neighbourhood Character Studies and Structure Plans, and are currently considering whether to introduce the new zones via the normal amendment process, or via a Section 20(4) amendment. Discussion Overlays are considered to be very important in delivering zone / character outcomes Discussion amongst peers occurred to tease out if the new zones and schedules are being used to reduce/replace the need for overlay controls Discussion regarding carrying through overlay controls into Neighbourhood Residential Zone schedules to deliver desired character outcome Bass Coast discussed it is aiming to contain growth within townships to protect rural areas. The council is undertaking a township study to inform the application of the zones Mitchell Shire intends on transitioning to the General Residential Zone, but is considering undertaking work that recognises the flooding and character issues of certain townships and informs zone application Corangamite is considering applying the Neighbourhood Residential Zone in the Port Campbell area. It is also reviewing whether the Victoria Coastal Strategy could be used to justify the applications of the zone Timing and staging of the conversion of the residential zones was discussed as an issue. Reprioritisation of council strategic planning work plans may be required to inform the application of new zones and their schedules Peers discussed if they have received a spike in development application prior to the default conversion next year. 8