Planning and Environment Act 1987
PORT PHILLIP PLANNING SCHEME
AMENDMENT C97
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by the Port Phillip City Council, which is the planning
authority for this amendment.
Land affected by the amendment
All land within the municipality.
What the amendment does
The amendment proposes to:
1. Introduce a new Local Planning Policy, (Environmentally Efficient Design) into the Port
Phillip Planning Scheme at Clause 22.13.
The policy:
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Applies to all land in the municipality, where an application for a planning permit is
made for:
- New residential and non-residential buildings
- Extensions to existing residential and non-residential buildings which are 50
square metres in floor area or greater.
Includes a policy basis that reinforces Council’s commitment to achieving best
practice environmentally sustainable development (ESD), and the rationale for
addressing ESD in the planning process.
Contains policy objectives including an expectation that development achieve best
practice in ESD, and policy objectives for key sustainable design elements.
Sets out requirements for planning permit applications of different types and scales
of development.
Provides decision guidelines to assist in decision making.
Specifies Reference Documents that will assist planning permit applicants and also
guide decision-making.
2. Modify Clause 21.03-1 Environmentally Sustainable Land Use and Development, to
reflect Clause 22.13 as a means of implementing strategy at Clause 21.03.
3. Update the contents page to include Clause 22.13 - Environmentally Efficient Design.
Strategic assessment of the amendment
As required by the Minister’s Direction No. 11, under Section 12(2)(a) of the Planning and
Environment Act 1987, the following strategic issues have been addressed.
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Why is the amendment required?
Port Phillip City Council acknowledges that the built environment has a significant impact
on the wider natural environment and most current development practices are not
sustainable in the long term. Port Phillip is committed to creating a City and region with
the smallest possible ecological footprint, by promoting sustainable design and
development. The amendment is required to fill a current policy gap in the Port Phillip
Planning Scheme, in relation to environmentally sustainable design (ESD).
The Port Phillip Planning Scheme currently contains high level strategic statements in the
State Planning Policy Framework (SPPF), as well as strategy at Clause 21.03 –
Ecologically Sustainable Development in the Municipal Strategic Statement (MSS) that
encourages development to incorporate best practice sustainable design principles and
techniques. These do not act as specific planning permit application requirements, and
the policy will fill this gap through application requirements requiring demonstration of
how best practice sustainable design can be achieved.
The Victoria Planning Provisions provide limited mechanisms to address these
sustainable design elements. Clause 54 and 55 provide permeability and energy
efficiency objectives, however these are limited in scope, are not part of an integrated
sustainable design approach, and do not apply to non-residential development.
The objective of the Environmentally Efficient Design Local Policy is as follows:
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Development is expected to achieve best practice in addressing the principles of
Environmentally Sustainable Development from the design stage through to
construction and operation.
Detailed policy objectives relating to the following eight key sustainable design
performance areas should also be satisfied:
 Energy efficiency
 Water resources
 Indoor environment quality
 Stormwater management
 Transport
 Waste management
 Innovation
 Urban ecology.
The planning application stage of the development cycle is an appropriate stage to apply
ESD principles and requirements. This will ensure that environmental sustainability is
considered early in the building design stage, resulting in integrated design outcomes and
cost efficiency.
Sustainable design should not be left to the building approvals stage of development
because important decisions will already have been made in the planning approvals
stage.
Application of ESD related principles and design techniques within the Building
Council of Australia (BCA) is limited to the energy efficiency of new buildings.
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How does the amendment implement the objectives of planning in Victoria?
The amendment implements the following: objectives of planning in Victoria:
(1) The objectives of planning in Victoria are —
a) to provide for the fair, orderly, economic and sustainable use, and development
of land;
b) to provide for the protection of natural and man-made resources and the
maintenance of ecological processes and genetic diversity;
c) to secure a pleasant, efficient and safe working, living and recreational
environment for all Victorians and visitors to Victoria.
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g) to balance the present and future interests of all Victorians.
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How does the amendment address the environmental effects and any
relevant social and economic effects?
The amendment promotes the use of environmentally sustainable design principles from
the design stage of a building, and throughout its construction and ongoing management.
By requiring new buildings and building additions to have improved use of energy and
water, improved indoor environmental quality and stormwater and waste management,
and improved use of sustainable transport opportunities and landscapes, the amendment
will have a positive environmental effect on broader environmental processes.
The amendment is expected to have positive economic effects. By improving the
efficiency of new buildings and building additions, the amendment will potentially result in
a reduction in household utility costs, and reduced demand for centralised utilities and
potentially mitigating the need for future utility investment and upgrades.
The amendment may result in additional initial development costs however this may be
mitigated through early integration of ESD technologies and industry efficiencies in scale,
and recovered through the sale price of new buildings that can be marketed as a
sustainable building.
The amendment will not have any direct social effects.
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Does the amendment address relevant bushfire risk?
The City of Port Phillip is not in a designated bushfire prone area and therefore bushfire
risk is not a relevant consideration.
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Does the amendment comply with the requirements of any Minister’s
Direction applicable to the amendment?
Section 12 (2)(a) of the Planning and Environment Act 1987 requires that in preparing a
planning scheme amendment a planning authority must have regard to the Minister's
Directions.
The amendment is consistent with the Ministerial Direction on the Form and Content of
Planning Schemes under section 7(5) of the Act.
Ministerial Direction No. 9: Metropolitan Strategy
The amendment responds to the Metropolitan Strategy, Melbourne 2030 – Planning for
sustainable growth.
The amendment supports Direction 7: A greener city; which seeks to ensure that water
resources are managed in a sustainable way, to contribute to a reduction in energy
usage and greenhouse gas emissions, reduce the impact of stormwater, promotes the
concept of sustainability, encourage reuse and recycling of waste materials, and lead by
example in environmental management.
The amendment supports Direction 8: Better transport links; which seeks to ensure that
sustainable personal transport options are promoted.
Ministerial Direction No. 11: Strategic Assessment of Amendments
The amendment responds to Ministerial Direction No. 11: Strategic Assessment of
Amendments. The purpose of this direction is to provide a consistent framework for the
evaluation of a proposed planning scheme amendment and the outcomes it produces.
The Strategic Assessment guidelines outlined in this direction are incorporated into this
Explanatory Report. The amendment addresses all the relevant strategic matters
required by this direction.
The amendment is not affected by any other Minister’s Direction under Section 12 of the
Planning and Environment Act 1987.
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How does the amendment support or implement the State Planning Policy
Framework?
The amendment is consistent with the State Planning Policy Framework, which stipulates
a number of general principles of land use and development.
The amendment is consistent with State Policy, in relation to:
Clause 11:
Settlement
Planning is to contribute to economic viability, energy efficiency, a high standard of urban
design and amenity, prevention of pollution to land, water and air, and to facilitate
sustainable development (…).
Clause 12:
Environmental and landscape values
Planning must implement environmental principles for ecologically sustainable
development that have been established by international and national agreements.
Foremost amongst the national agreements is the Intergovernmental Agreement on the
Environment, which sets out key principles for environmental policy in Australia. Other
agreements include the National Strategy for Ecologically Sustainable Development,
National Greenhouse Strategy, the National Water Quality Management Strategy, the
National Strategy for the Conservation of Australia’s Biological Diversity, the National
Forest Policy Statement and National Environment Protection Measures.
Clause 13:
Environmental risks
Planning should adopt a best practice environmental management and risk management
approach which aims to avoid or minimise environmental degradation and hazards.
Planning should identify and manage the potential for the environment, and
environmental changes, to impact upon the economic, environmental or social well-being
of society.
Clause 14:
Natural resource management
Planning is to assist in the conservation and wise use of natural resources including
energy, water, land, stone and minerals to support both environmental quality and
sustainable development.
Clause 14.02-1 Catchment planning and management
Objective
To assist the protection and, where possible, restoration of catchments, waterways, water
bodies, groundwater, and the marine environment.
Strategies
 Ensure land use and development proposals minimise nutrient contributions to
waterways and water bodies and the potential for the development of algal blooms.
 Require the use of appropriate measures to restrict sediment discharges from
construction sites.
Clause 14.02-3 Water conservation
Objective
To ensure that water resources are managed in a sustainable way.
Strategies
Encourage the use of alternative water sources such as rainwater tanks, stormwater and
recycled water by governments, developers and households.
Clause 15: Built environment and heritage
Creating quality built environments supports the social, cultural, economic and
environmental wellbeing of our communities, cities and towns.
Clause 15.01-2 Urban design principles
Objective
To achieve architectural and urban design outcomes that contribute positively to local
urban character and enhance the public realm while minimising detrimental impact on
neighbouring properties.
Strategies
Energy and resource efficiency
All building, subdivision and engineering works should include efficient use of resources
and energy efficiency.
Clause 15.02-1 Energy and resource efficiency
Objective
To encourage land use and development that is consistent with the efficient use of
energy and the minimisation of greenhouse gas emissions.
Strategies
 Ensure that buildings and subdivision design improves efficiency in energy use.
 Promote consolidation of urban development and integration of land use and
transport.
 Improve efficiency in energy use through greater use of renewable energy.
 Support low energy forms of transport such as walking and cycling.
Clause 16: Housing
Planning should provide for housing diversity, and ensure the efficient provision of
supporting infrastructure.
New housing should have access to services and be planned for long term sustainability,
including walkability to activity centres, public transport, schools and open space.
Clause 16.01-1 Integrated housing
Objective
To promote a housing market that meets community needs.
Strategies
Encourage housing that is both water efficient and energy efficient.
Clause 16.01-4 Housing diversity
Objective
To provide for a range of housing types to meet increasingly diverse needs.
Strategies
Encourage the development of well-designed medium-density housing which:
 Improves energy efficiency of housing.
Clause 18: Transport
Planning should ensure an integrated and sustainable transport system that provides
access to social and economic opportunities, facilitates economic prosperity, contributes
to environmental sustainability, coordinates reliable movements of people and goods, and
is safe.
Clause 18.02-1 Sustainable personal transport
Objective
To promote the use of sustainable personal transport.
Strategies
Ensure development provides opportunities to create more sustainable transport options
such as walking, cycling and public transport.
Clause 18.02-2 Cycling
Objective
To integrate planning for cycling with land use and development planning and encourage
as alternative modes of travel.
Strategies
Ensure provision of bicycle end of trip facilities in commercial buildings.
Clause 19: Infrastructure
Planning for development of social and physical infrastructure should enable it to be
provided in a way that is efficient, equitable, accessible and timely.
Clause 19.03-3 Stormwater
Objective
To reduce the impact of stormwater on bays and catchments.
Strategies
 Support integrated planning of stormwater quality through a mix of on-site measures
and developer contributions.
 Mitigate stormwater pollution from construction sites.
 Incorporate water-sensitive urban design techniques into developments to:
o Protect and enhance natural water systems.
o Integrate stormwater treatment into the landscape.
o Protect quality of water.
o Reduce run-off and peak flows.
o Minimise drainage and infrastructure costs.
 How does the amendment support or implement the Local Planning Policy
Framework?
It is Port Phillip’s vision is to create a city that produces low greenhouse gas emissions
and is responsive to climate change issues. This will be achieved by making ecologically
sustainable decisions which:
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Work towards:
o A 50% reduction in per capita greenhouse gas emissions (based on 2006
levels).
o A 50% reduction in per capita potable water use (based on 2001 levels).
o A 75% reduction in per capital waste to landfill (based on 1999 levels).
Encourage environmentally sustainable design in all new development.
To achieve this, the Port Phillip’s Municipal Strategic Statement and Local Policies
outline a number of objectives, strategies, implementation methods and policies that are
relevant to ecologically sustainable development. These are as follows:
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Clause 21.03-1 relating to encouraging development to incorporate best practice
sustainable design principles and techniques.
Clause 21.03-2 relating to promoting sustainable transport
Clause 22.06-7 relating to energy and resource efficiency of residential and nonresidential development.
Clause 22.10 relating to energy and resource efficiency and industry best practice
ESD in buildings in the Fishermans Bend Urban renewal Area.
Does the amendment make proper use of the Victoria Planning Provisions?
The Local Planning Policy Framework is the proper VPP tool to implement the strategic
objectives of Council in the absence of any planning scheme provision relating to
ecologically sustainable design. The introduction of a new Local Planning Policy, Clause
22.13 – Energy efficient design is necessary to implement the State Planning Policy
Framework and Local Planning Policy Framework (MSS).
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How does the amendment address the views of any relevant agency?
The amendment does not affect the interests of any other agency.
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Does the amendment address relevant requirements of the Transport
Integration Act 2010?
The amendment addresses the relevant requirements of the Transport Integration Act
2010.
The amendment will not have a significant impact on the transport system, as defined by
Section 3 of the Transport Integration Act 2010, as it would not in itself result in any
increase in demand on the transport system.
The amendment is consistent with the transport system objectives of the Act, particularly
those contained in Section 10 – Environmental sustainability.
Resource and administrative costs
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What impact will the new planning provisions have on the resource and
administrative costs of the responsible authority?
The amendment will not result in any significant resource implications for the responsible
authority. The appropriate sustainable design submission will be undertaken by the
applicant at the project design phase, and applicants will have to demonstrate compliance
with the best practice principles and techniques. Council responsibility will be to ensure
that compliance has been achieved. It is considered that this will not require a significant
increase in resources or administrative costs for Council.
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 starting 16 September 2013.
 Panel Hearing: Week starting 21 October 2013 ( 3 day hearing)
Where you may inspect this Amendment
The amendment is available for public inspection, free of charge, during office hours at the
following places:
Port Phillip City Council Municipal Offices:
 Port Melbourne Town Hall, 333 Bay Street, Port Melbourne;
 South Melbourne Town Hall, 208-220 Bank Street, South Melbourne, and
 St Kilda Town Hall, Cnr Carlisle Street and Brighton Road, St Kilda
Strategic Planning officers are available at the St Kilda Town Hall to assist with enquiries.
Library
 St Kilda Library, 150 Carlisle Street, St. Kilda.
The amendment may also be viewed online at:
Port Phillip City Council web site:
http://www.portphillip.vic.gov.au/planning_amendments.htm
Department of Planning and Community Development web site:
www.dpcd.vic.gov.au/planning/publicinspection
Any person who may be affected by the amendment may make a submission to the
planning authority.
The closing date for submissions is: 29 April 2013.
A submission must be sent to:
Coordinator – Strategic Planning
Port Phillip City Council
Private Bag No.3
PO St Kilda, Victoria 3182