Planning and Environment Act 1987
This amendment has been prepared by the City of Boroondara, which is the planning authority for this amendment.
The amendment has been made at the request of the City of Boroondara.
The amendment applies to the
Maling Road Shopping Centre (‘the Centre’) and 210 to 216
Canterbury Road and 2B Wattle Valley Road, Hawthorn as shown on the map below.
The amendment proposes to:

Implement the Maling Road Building Form Guidelines (MRBFG) as adopted by the City of Boroondara on 11 June 2015; and

Apply building height and setback controls to 210 to 216 Canterbury Road and
2B Wattle Valley Road, Canterbury.
Specifically, the amendment seeks to:

Insert a new Design and Development Overlay Schedule 23 (DDO23) into the
Boroondara Planning Scheme. The new DDO23 applies all commercially zone

properties in the Centre, with the exception of public car parks at 3 Wattle Valley
Road and, 1A and 8 Bryson Street, Canterbury.

Amend Design and Development Overlay Schedule 16 (DDO16) to include 210 to 216 Canterbury Road and 2B Wattle Valley Road in area 3A and apply a mandatory height limit of 11 metres, and a 3 metre landscape setback, to the properties.
Maling Road
The amendment is required to implement clear built form controls for commercial properties the Centre to guide any future redevelopment.
The Centre is a unique shopping strip in the City of Boroondara renowned for its village character, specialty shops and heritage buildings. The Centre and its heritage streetscapes are highly valued by residents and the wider community and are recognised through various heritage controls.
However, the Centre is one of the only neighbourhood shopping centres in the City of
Boroondara that does not have specific and permanent built form controls contained within the Boroondara Planning Scheme to guide future development.
The MRBFG were prepared to rectify this policy gap. The MRBFG apply to commercial zoned properties in the Centre, except public car parks.
To give statutory weighting to the MRBFG in the Boroondara Planning Scheme, it is proposed to apply DDO23 to properties in the Centre.
210 to 216 Canterbury Road, 2B Wattle Valley Road, Canterbury
The amendment further proposes to apply DDO16 to 210 to 216 Canterbury Road and 2B
Wattle Valley Road, Canterbury. Like the commercially zoned properties in Maling Road, these properties are one of handful of commercially zoned parcels of land that do not have any built form guidance in the Boroondara Planning Scheme.
To address this gap, Amendment C195 Part 1 proposes to include these properties in the existing controls for the Canterbury Road Commercial Corridor (DDO16).
DDO16 applies building height and setback controls to commercial properties along
Canterbury Road. DDO16 was introduced into the Boroondara Planning Scheme on 9 April
2015 by Amendment C108 to the Boroondara Planning Scheme.
At the time of exhibition, DDO16 was not in affect and was awaiting approval from the
Minister for Planning. Consequently, the exhibited amended sought changes to interim
DDO20, and foreshadowed that DDO20 would be replaced with DDO16 once Amendment
C108 was approved and introduced into the Boroondara Planning Scheme.
The amendment implements the objectives of planning in Victoria by seeking to introduce built form controls into the Boroondara Planning Scheme that will:

Allow renewal of the Centre consistent with Section 4 (1)(a) of the Planning and
Environment Act 1987 (the Act).
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
Create a pleasant and safe urban environment for current and future residents consistent with Section 4(1)(b) of the Act.

Facilitate development that will respect and enhance the historic streetscape of Maling
Road, consistent with Section 4(1)(d) of the Act.

Balance the needs of present and future generations by ensuring the unique character of the Maling Road Shopping Centre is not lost or adversely impacted by inappropriate development, consistent with Section 4(1)(g).
The amendment will have positive environmental, social and economic and result in net community benefit.
The amendment seeks to put in place built form controls that will ensure the protection of the historic Maling Road streetscape for current and future generations, while allowing a moderate level of change and providing for appropriate renewal of buildings in the Centre.
The amendment will ensure the Centre continues to be a focal point for the local community and retain the heritage characteristics that the community values and relates to.
The mandatory controls allow a sustainable level of change and ensure that future development will not overwhelm or dominate the historic streetscape of Maling Road. The mandatory height controls also provide certainty for residents, owners, developers and
Council on the scale of development that is appropriate in the Centre.
The built form controls also allow for a moderate level of change in the Centre to ensure that the Centre can renew and remain a viable shopping centre in the long term to service the needs of local residents and the broader community.
The built form controls proposed for 210 to 216 Canterbury Road and 2B Wattle Valley Road will allow for development of up to 11 metres. This reflects the scale of development that currently exists in this section of Canterbury Road. The 11 metre height limit and a 3 metre landscaped setbacks will also ensure that significant long range vistas to the Canterbury
Mansion tower remain prominent along Canterbury Road.
The area affected by this amendment is not in a bushfire risk area.
The amendment is consistent with the Ministerial Direction on the Form and Content of
Planning Schemes under section 7(5) of the Act.
The amendment is affected by Ministerial Direction No. 9 - Metropolitan Strategy , which requires all amendments to have regard to the Metropolitan Strategy, Plan Melbourne .
The amendment addresses Theme 4 of Plan Melbourne ‘ Create healthy and active neighbourhoods and maintain Melbourne’s identity as one of the world’s most liveable cities’.
This theme is reinforced through Direction 4.7
, which advocates for the protection of
Melbourne’s heritage and acknowledges the important role it plays in peoples’ connections to where they live.
It also addresses Direction 4.2, which encourages the creation of a network of 20-minute neighbourhoods to provide a range of services close to where people live. Further, initiative
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4.2.2 seeks to protect Melbourne’s neighbourhood shopping centres and supports the use of mandatory height controls for these areas.
The amendment also puts in place built form expectation for 210 to 216 Canterbury Road and 2B Wattle Valley Road, Canterbury. The height controls proposed for these properties will ensure that a consistent streetscape is achieved for commercial buildings along
Canterbury Road and long range vistas to the Canterbury Mansion tower are protected.
The amendment also addresses the requirements of Ministerial Direction No. 11 - Strategic
Assessment of Amendments .
The amendment is considered consistent with the relevant Clauses and policy guidelines contained in the State Planning Policy Framework (SPPF) including:
Clause 10.04 - Integrated decision making
Clause 10.04 - Integrated decision making states that ‘Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit of present and future generations’.
In the case of Maling Road, the overriding concern raised by community was the need to maintain and protect the historic streetscape and character of Maling Road for current and future generations.
Clause 15.03-1 - Heritage Conservation
The need to conserve places of heritage significance is an objective of Clause 15.03-1 -
Heritage Conservation . A strategy of this Clause is to ‘encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations’.
Clause 15.01-5 - Cultural Identity and Neighbourhood Character
The protection of neighbourhood character is an objective expressed at Clause 15.01-5 -
Cultural Identity and Neighbourhood Character . This clause seeks ‘to recognise and protect cultural identity, neighbourhood character and sense of place ’. Strategies to achieve this objective include:

Ensuring new development responds and contributes to the existing sense of place and cultural identity.

Ensuring new development responds to its context and reinforces special characteristics of the local environment by emphasising, amongst other things; the heritage values and built form that reflect community identity; and the values, needs and aspirations of the community.
Clause 16.01-2 - Location of residential development & Clause 17.01-1 - Business
The SPPF states that all objectives need to be balanced with other policy direction in the
SPPF, such as policy directions in:

Clause 16.01-2 - Location of residential development , which seeks to locate ‘new housing in or close to activity centres and employment corridors…’

Clause 17.01-1 - Business , which seeks to ‘… encourage development which meet the communities’ needs … and provides a net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainably of commercial facilities’ .
In preparing the MRBFG, Council took into consideration the community’s strong desire that
Maling Road remains the unique shopping centre it is today. Consequently, Council seeks to
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put in place built form controls that would ensure the community’s strong attachment to this
Centre and its history is protected.
The built form controls proposed balance this desire while allowing for a moderate level of renewal in the Centre. The built form controls allow the Centre to play a role in delivering new housing and ensure that the Centre can renew, as the market allows.
210 to 216 Canterbury Road and 2B Wattle Valley Road
The inclusion of 210 to 216 Canterbury Road and 2B Wattle Valley Road within DDO16 implements the objectives of the SPPF by facilitating an appropriate level of change that will enhance the current streetscape of Canterbury Road and allow further expansion of commercial properties fronting Canterbury Road.
Clause 21.05 - Heritage, landscape and urban character
Clause 21.05-2 - What are the main heritage, landscape and urban Character issues?
of the
Municipal Strategic Statement (MSS) states:
‘The distinctive character of the City is fundamentally important to its (the City’s) identity and to its residents.
Individual heritage places and precincts contribute significantly to the character of the City.
Growth and development needs 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 paces and precincts’.
To address these issues, Clause 21.05-3 of the MSS states that Council should:

Protect gateways and landmarks which create a sense of identity for our community.
 Conserve and enhance individual heritage places and heritage precincts… within the City.

Conserve and enhance distinctive landscapes within the City.
Maling Road is a prime example of a distinctive landscape in the City of Boroondara.
Consistent with the MSS, the amendment proposes to introduce built form controls that will ensure that future buildings and works in the Centre protect landmark buildings like the
Canterbury Post Office and Canterbury Mansion. The controls also ensure the historic streetscape of Maling Road is protected for future generations.
Clause 21.08 Activity Centres and Enterprise Corridors
Clause 21.08 Activity Centres and Enterprise Corridors acknowledges the important role
Boroondara’s activity centres and commercial corridors play in the local economy and their role in providing services to residents.
Clause 21.08 acknowledges that further work needs to be undertaken for review land use and built form controls in Maling Road. Amendment C195 gives effect to this undertaking in
Clause 21.08.
Amendment C195 Part 1 reinforces Maling Road’s role as a specialty centre which also offers local conveniences, and Council’s desire to protect the historic streetscape of Maling road through new built form controls. The level of change envisaged by the proposed built form controls reflects the Centre’s current role and Council’s desire to retain the Centre’s unique character.
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The primary intent of this amendment is to introduce built form controls for the Maling Road
Shopping Centre and the properties at 210 to 216 Canterbury Road and 2B Wattle Valley
Road, Canterbury.
The most appropriate Victorian Planning Provision to control built form and the built environment is the Design and Development Overlay. Hence, it is proposed to apply DDO23 to Maling Road and amend DDO16 to include the properties at 210 to 216 Canterbury Road and 2B Wattle Valley Road, Canterbury.
The proposed DDOs provide design objectives for both areas and provide a mix of discretionary and mandatory (height) requirements to guide built forms in the Centre.
The views of agencies were sought during the exhibition stage of this amendment. One submissions was received which related to issues that were out of the scope of this planning scheme amendment and addressed by the recent approval of Amendment C108 to the
Boroondara Planning Scheme.
The proposed amendment will allow for a low level of change in Maling Road and
Canterbury Road. The cumulative impact of this amendment is unlikely to have any significant impacts on the transport system or current service levels.
The proposed amendment will not have any significant impacts on the resources and administrative costs of the responsible authority.
The amendment is available for public inspection, free of charge, during office hours at the following places:
City of Boroondara
Planning Counter
First Floor, 8 Inglesby Road
CAMBERWELL VIC 3124
The amendment can also be inspected free of charge at:

City of Boroondara website: www.boroondara.vic.gov.au

The Department of Transport, Planning, and Local Infrastructure website http://planningschemes.dpcd.vic.gov.au/updates-and-amendments .
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