Planning Report | Planning Law, Strategic & Statutory Planning

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ASSESSMENT 3 | PLANNING REPORT_

PLANNING LAW, STRATEGIC & STATUTORY PLANNING | SEMESTER 2, 2020 | SWINBURNE UNIVERSITY Amy Rodda 102520063_Arsen Sarkisian 102757023_Paraskevi Triantis 7686293 | Master of Architecture & Urban Design Unit Convenor: Dr. Iris Levin | Tutor: Dr. Stephen Glackin

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ABSTRACT : LiveAble Housing is something that should be a choice to not only those who meet the requirements but to anyone who wants to lead a liveable lifestyle within a 20 minute neighbourhood and 40 minute city. A lifestyle that is accessible, inclusive, and sustainable with a wide diversity of people, places, and amenities all within walking distance. Thus, our goal is to have every 1 in 3 dwellings to be some sort of LiveAble Housing.

Cairnlea Park LiveAble Development Strategy is our strategic and statutory response to our LiveAble Housing design proposal developed in Swinburne University of Technology’s [Master of Architecture & Urban Design] Design Research Studio B/C – Studio 6 Zoomburbia, in which all three authors of this report, alongside another Masters’ student, Megan Murray, have been investigating high amenity, affordable, medium density housing alternatives to enhance Melbourne’s 20-minute neighbourhoods. Thus, for the purpose of this report we are propositioning ourselves as an LiveAble Housing Providers urban design consultancy team.

Amy Rodda

Arsen Sarkisian

Paraskevi Triantis

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CONTENTS : 01 .

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Cairnlea Park at a glance

02 .

the vision

03 .

national policy alignment

04 .

state policy alignment

05 .

local policy alignment

06 .

zones

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07 .

overlays

08 .

provisions

09 .

other considerations

10 . 11 . 12 .

amendments

Cairnlea Park LiveAble Development Strategy

references

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STRATEGY PRECINCT Existing Context_

[Original Data Sourced from QGIS, 2020]

AERIAL : Cairnlea Park Precinct

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[Original Data Sourced from Aurin, 2020; ArcGIS, 2020]

AMENITIES : Fast Food x1

Mechanic x1

Community Hub x1

Retail & Fast Food x3

Petrol x1

Library x1

Kindergarten x1

Recreational Facility x1

Place of Worship x1

Primary School x2

Medical Centre x2

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STRATEGY PRECINCT Existing Context_

[Original Data Sourced from Aurin, 2020]

SUBURBS : Cairnlea Deer Park

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[Original Data Sourced from Glackin, S., 2020]

YEAR BUILT : 1970s

2010s

1980s 1990s 2000s

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STRATEGY PRECINCT Existing Context_

[Original Data Sourced from Aurin, 2020]

FOOTPATHS : Footpaths

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[Original Data Sourced from Aurin, 2020]

BICYCLE NETWORK : On Road Off Road

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STRATEGY PRECINCT Existing Context_

[Original Data Sourced from Aurin, 2020]

BUS : 420 = ~1/20 mins peak & inter-peak

420

423 = ~1/30 mins peak & 1/40 mins inter-peak

423

942 = 1/hr x 5hrs Saturdays & 1/hr x 6hrs Sunday

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[Original Data Sourced from Aurin, 2020]

FHSC LOTS : Vacant Lots - 19 Redeveloped Lots - 232 Untouched - 336 Existing Density | 12 dwgs / Ha Proposed Density | ~50 dwgs / Ha

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THE VISION : In order to allow for Plan Melbourne’s 20-minute neighbourhoods strategy to come to fruition amendments to the current Brimbank City Council Planning Scheme [2020] need to be made so as to accommodate the urban infrastructure necessary. These amendments have come out of research done in order to identify Greater Melbourne’s existing 20-minute neighbourhoods as according to Caroline Whitzman’s liveability indicators:

“live in appropriate housing, within walking, cycling or rapid and reliable public transport distance to employment and education, social and health services, healthy food, and good quality public open space” [Whitzman, C. et al, 2012]

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NATIONAL POLICY ALIGNMENT : The Cairnlea Park LiveAble Development Strategy has many external National policy and strategy alignments. These include: • National Health [diabetes, obesity, cardiovascular] • Safer Communities Funding • Building Industry Act 1985 • Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 • Housing Assistance Act 1996 • Infrastructure Australia Act 2008 • Infrastructure Australia Amendment Act 2014 • Lands Acquisition Act 1989 • Local Government Grants Act 1975 • National Housing Finance and Investment Corporation Act 2018 • National Rental Affordability Scheme Act 2008 • Disability Discrimination Act 1992 • Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 [although this is unlikely due to most dwellings within the precinct being developed after the year 2003 (Glackin, S., 2020)]

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23.27%

20 Minute Neighbourhoods / Urban Growth Boundary 20 Minute Neighbourhoods

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STATE POLICY ALIGNMENT : The Cairnlea Park LiveAble Development Strategy has many external State policy and strategy alignments. These include: • Melbourne 2030 planning for sustainable growth • Homes for Victorians Affordability, access, and choice • Urban Design Guidelines for Victoria • Victorian Charter of Human Rights and Responsibilities Act 2006

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Planning and Environment Act 1987 The Planning and Environment Act 1987 [‘the Act’] determines the Victoria’s statutory framework for the land-use, land-development, and land-protection within the state [Richardson, K., Merner, B., 2013]. This authoritative legislation provides the administrative foundation for Victoria Planning Provisions [VPP], and for planning schemes like the Brimbank Planning Scheme [BPS]. In addition to this the Act outlines regulations for [DELWP, 2015, pp. 1-2]:

• amending planning schemes • obtaining planning permits under planning schemes • settling disputes • enforcing compliance • collecting development contributions • compensating for land required for public purposes • appointing planning panels and advisory committees • opportunities for review to the Victorian Civil and Administrative Tribunal [VCAT] • state significant projects • other administrative procedures

Planning and Environment Regulations 2005 The Planning and Environment Regulations 2005 and the falls under section 202-203 of the Act [DEWLP, 2020e, pp. 475-479] and stipulates regulations such as:

• Stipulating any manner or form of giving notice of a planning scheme amendment or permit application • Stipulating timeframes for VCAT applications • Stipulating regions for the purposes of the Act • Stipulating forms for the purposes of the Act • Stipulating information to be included in any application, notice or permit • Stipulating issues relating to the administration of growth areas infrastructure contributions [including record keeping and access to information] • Stipulating any necessary fees • Outlining any other matter required to be regulated in order to adhere to the Act

The Planning and Environment (Fees) Interim Regulations 2012 also falls under section 202-203, of the Act and outlines any necessary fees that may be charged by planning and responsible authorities, including fees for considering planning scheme amendments and permit applications [DEWLP, 2020d; Richardson, K., Merner, B., 2013].

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Victorian Planning Provision/s [VPP] The VPP falls under Part 1A of the Act [DEWLP, 2020d, pp. 23-27] and is considered to be the state-wide standard for constructing planning schemes, and includes all current mandatory provisions, namely: • State Planning Policy Framework • Zones • Overlays • Particular Provisions • General Provisions • Definitions • Incorporated Documents [such as Codes of Practice] Plan Melbourne 2017-2050 The current State Planning Policy Framework is Plan Melbourne 2017-2050. It is a metropolitan planning strategy that outlines what the city of Melbourne and the state of Victoria aims to look like by the year 2050 [DELWP, 2020c]. The plan includes:

• 9 principles to guide policies and actions • 7 outcomes to strive for in creating a competitive, liveable, and sustainable city • 32 directions outlining how these outcomes will be achieved • 90 policies detailing how these directions will be turned into action

Planning Schemes Victorian Planning schemes [VPS] are statutory documents that fall under sections 5-7 of the Act [DEWLP, 2020d, pp. 28-36]. VPS must include: • state provisions set out by the VPP and prepared by the Minister for Planning • local provisions prepared out by the local council and contain: o municipal strategic statement o local policies Every municipality in Victoria has a VPS. Local Councils, such as Brimbank, are required to select the zones and overlays, from the VPP, necessary to implement their local planning policies – i.e. the BPS. Planning controls within the VPS stipulate whether or not a permit is required for a land use, subdivision, building construction or other works to be carried out.

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LOCAL POLICY ALIGNMENT : The Cairnlea Park LiveAble Development Strategy has many external Local policy and strategy alignments. These include: • Neighbourhood Houses and Community Centres Strategy and Action Plan 2019- 2024 • Brimbank Neighbourhood Houses Strategic Partnership Agreement February 2018 – February 2021 • Brimbank Activity Centre Strategy 2018

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Local Planning Policy Framework In order to implement a local council’s MSS objectives and strategies, municipalities need to create Local planning policies. A local planning policy is a ‘policy statement of intent or expectation’ [DELWP, 2015, PEA s. 12A(4), p. 10] . Local councils need to include a Municipal Strategic Statement [MSS] as part of their Local Planning Policy Framework. An MSS is a ‘statement of the key strategic planning, land use and development objectives for the municipality and the strategies and actions for achieving those objectives’ [DELWP, 2015, PEA s. 7(4); 12A(4), p. 10]. The MSS also establishes a municipalities strategic reasoning for the selection and application of the VPPs planning controls. According to section 12A of the Act [DELWP, 2020d, pp. 41-42], an MSS must ‘further the objectives of planning in Victoria to the extent that they are applicable in the municipal district’, and must contain:

• the strategic planning, land use and development objectives of the planning authority • the strategies for achieving the objectives • a general explanation of the relationship between those objectives and strategies and the controls on the use and development of land in the planning scheme; and • any other provision or matter which the Minister directs to be included in the municipal strategic statement.

This MSS must also align with the current Council Plan approved under section 125 of the Local Government Act 1989 [DELWP, 2015, PEA s. 12B(1); 12B(2), p. 7].

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[Original Data Sourced from Aurin, 2020]

ZONES : Neighbourhood Residential Zone 1

Zones outline the specific land-uses of particular areas and may ‘reflect existing patterns of land use or the new strategic land use direction for an area’ [Richardson, K., Merner, B., 2013].

Neighbourhood Residential Schedule 1 [NRZ1] NRZ zones are constrained to “predominantly single and double storey residential development” [Brimbank, 32.09, 2018 VC148, p. 285]. As part of this the building height limit for this zone must not exceed 9 metres with no more than 2 storeys at any point [Brimbank, 32.09-10, VC152, 2018, p. 292]. The NRZ is the most restrictive of all three residential zones [Ratio, 2018], with the role of NRZ being to ‘restrict housing growth in areas identified for urban preservation’ [Department of Transport, Planning and Local Infrastructure, 2014]. Due to NRZ building height limits and the need to ensure that “development respects the identified neighbourhood character,

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[Original Data Sourced from Aurin, 2020]

BUILDING HEIGHTS : 3m = 180 dwgs

7m = 26 dwgs

4m = 169 dwgs

8m = 1 dwgs

5m = 72 dwgs 6m = 84 dwgs heritage, environmental or landscape characteristics” [Brimbank, 32.09, VC148, 2018, p. 285], there is no give to changing contexts as this type of zone in order to incorporate more than 2 storeys or allowing for dwellings to be more than 9m. NRZ does not allow a for permit to be granted that exceeds the zone’s maximum building height, ‘Except when a higher or lower maximum building height has been set which cannot be exceeded’ [Department of Transport, Planning and Local Infrastructure, 2014]. And, as no dwellings within the Cairnlea Park LiveAble Development Strategy NRZ are currently taller than 8m [see Building Heights map above], a permit will not be granted. The expected dwelling type for NRZ, according to the Department of Transport, Planning and Local Infrastructure [2014], are ‘single dwellings and dual occupancies under some circumstances’. This, along with the height/storey limits means that the proposed 20-minute neighbourhoods that have NRZ zoning within the catchment, are allowing for disproportionate urban densities to occur in respect to Plan Melbourne’s target of 70% of new housing be located in established areas, and additional policies of maintaining the urban growth boundary and 20-minute neighbourhoods [Ratio, 2018; DELWP, 2017a, p. 47].

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[Original Data Sourced from Aurin, 2020]

ZONES : General Residential Zone 1

General Residential Zone Schedule 1 [GRZ1] GRZ zones allow for slightly larger variations within residential development applications. General Residential Zones have a mandatory maximum building height limit of 11 meters, with no more than 3 storeys at any point [Brimbank, 32.08-10, VC152, 2018, p. 277]. If a schedule is incorporated into a GRZ, the schedule can enable a greater maximum building height to be specified, however, the 3-storey requirement must be kept [DELWP, 2019b]. GRZ zones also aim to ‘encourage a diversity of housing types and housing growth particularly in locations offering good access to services and transport’ [Brimbank, 32.08, VC148, 2018, p. 270], which is in line with the Cairnlea Park LiveAble Development Strategy.

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[Original Data Sourced from Aurin, 2020]

ZONES : Public Park & Recreation Zone

Public Park & Recreational Zone [PPRZ] According to the BPS [Brimbank, 36.01, VC148, 2018, p.369], the purpose of Brimbank’s PPRZ zone is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To recognise areas for public recreation and open space. • To protect and conserve areas of significance where appropriate. To provide for commercial uses where appropriate.

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[Original Data Sourced from Aurin, 2020]

ZONES : Public Use Zone 2_Education

Public Use Zone 2 – Education [PUZ2] According to the BPS [Brimbank, 36.01, VC148, 2018, p.369], the purpose of Brimbank’s PUZ2 zone is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To recognise public land use for public utility and community services and facilities. • To provide for associated uses that are consistent with the intent of the public land reservation or purpose.

In order for land within a PUZ2 zone to be subdivided, applicants will need a permit [Brimbank, 36.01, VC37, 2006, p.369]. A permit is also required for the construction of a building or construction or carrying out works of any use in section 2 of Clause 36.01-1 [ibid]. However, the PUZ2 zone within the proposed local planning strategy is currently in accordance with the proposed strategy, as it is currently a state primary school and as such no development other than its existing land use will proposed. This means that in accordance with Clause 36.01-1 and 36.01-6 no permit or provision will be required [Brimbank, 36.01-1, VC77, 2011, p. 369 ; 36.01-6, VC37, 2006, p. 370]. 28

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[Original Data Sourced from Aurin, 2020]

ZONES : Commercial 1 Zone

Commercial 1 Zone [C1Z] According to the BPS [Brimbank, 34.01, VC148, 2018, p. 327], the purpose of Brimbank’s C1Z is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To create vibrant mixed use commercial centres for retail, office, business, entertainment, and community uses. • To provide for residential uses at densities complementary to the role and scale of the commercial centre.

As part of Clause 34.01, a permit is required to subdivide this zone. According to Clause 34.01-5 [Brimbank, 34.01-5, VC142, 2018, p.33], an application can be made in order to ‘Construction of two or more dwellings on a lot’ and ‘Construction or extension of a residential building’ as long as the application is accompanied by a neighbourhood and site description and a design response as described in Clause 54.01 or 55.01 [and as long as the proposed development on a lot of less than 300 square metres].

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However, C1Z only allows for ‘residential spaces that complement the commercial activity’, [Productivity Commission, 2020]. For subdivision of land within C1Z, provisions must be made as part of Clause 65 to take into consideration ‘vehicles providing for supplies, waste removal and emergency services and public transport’, and the ‘effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths’ [Brimbank, 34.01-8, VC160, 2020, p. 332]. Also, as part of Clause 65, C1Z zones must take into consideration provisions[Brimbank, 34.01-8, VC160, 2020, pp. 332-333]:

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• The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport • The provision of car parking • The streetscape, including the conservation of buildings, the design of verandas, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road • The storage of rubbish and materials for recycling. Defining the responsibility for the maintenance of buildings, landscaping, and paved areas • Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in residential zones • The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining lots in residential zones • The availability of and connection to services. • The design of buildings to provide for solar access. • The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to an apartment development. • For an apartment development, the objectives, standards, and decision guidelines of Clause 58.

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[Original Data [Original Sourced Data from Aurin, Sourced 2020; fromArcGIS, Aurin, 2020]

OVERLAYS : Development Plan Overlay

Overlays enforce that particular areas of land require additional permit requirements, beyond that of any existing zone provisions [DELWP, 2015, PEA s. 12A(4), p. 11]. These additional requirements are in relation to subdivisions, buildings and works.

Development Plan Overlay [DPO6] According to the BPS [Brimbank, 43.01, VC148, 2018, p.564], the purpose of Brimbank’s DPO overlay is:

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• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. • To exempt an application from notice and review if a development plan has been prepared to the satisfaction of the responsible authority

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The schedule for the DPO within the Cairnlea Park LiveAble Development Strategy precinct is SCHEDULE 06: CAIRNLEA ESTATE - FORMER ALBION EXPLOSIVES FACTORY SITE [Brimbank, VC37, 2006, pp. 574-575]. According to this schedule, ‘any permit granted must include conditions or requirements for an agreement with the responsible authority under Section 173 under [the Act] covering the arrangements for the provision and funding of infrastructure’ [Brimbank, Schedule 6-1. VC37, 2006, p. 574]. In addition to this, the development plan must also demonstrate considerations [Brimbank, Schedule 6-2. VC37, 2006, p. 575], such as: • The proposed use of each part of the land. A range of lot types and densities. • The pattern and location of a road system based on an ecologically sustainable and practical hierarchy of roads and connections between the proposed urban area and adjoining land. • Site of conservation, heritage and archaeological significance and the means by which they will be managed. The staging and anticipated timing of development. • The provision of educational, civic and community facilities. • Open space facilities including pedestrian and cycle networks. • A range of lot sizes within the residential areas. • The design, building setbacks, building height, and building materials on areas along the Western Highway and the Western Ring Road. • Any landmark proposed for the site. • An overall landscaping plan, particularly in public open spaces areas highlighting the preservation of indigenous vegetation where possible. • In considering the development plan, the responsible authority must consider: The impact on the significant environmental historic and archaeological features on the site. • Accessibility to and from the site. • Buffer distances between any industrial and residential uses. • Whether the location, bulk, outline and appearance of the building and works will be in keeping with the future character and appearance of the overall subject site.

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OVERLAYS : Environmental Audit Overlay

Environmental Audit Overlay [EAO] According to the BPS [Brimbank, 45.03, VC148, 2018, p.624], the purpose of Brimbank’s EAO overlay is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To ensure that potentially contaminated land is suitable for a use which could be significantly adversely affected by any contamination

As part of the EAO there are some requirements that need to be met ‘before a sensitive use [residential use, childcare centre, pre-school centre or primary school] commences or before the construction or carrying out of buildings and works in association with a sensitive use commences’. In order to meet these requirements, applicants must either: 34

• Be issued with a certificate of environmental audit for the land in accordance with Part IXD of the Environment Protection Act 1970, or • Have an environmental auditor, appointed under the Environment Protection Act 1970, make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use

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CONTAMINATED LAND : Not Contaminated Contaminated

According to the research dataset provided by Glackin [2020], the current area within Cairnlea Park LiveAble Development Strategy precinct, that has an EAO enforced, has some sort of contaminated land [see Contaminated Land map above]. This is most likely due to this area previously being part of the Former Albion Explosives Factory Site [see Figure 1].

Âť Figure 1: Layout of Albion site, main production areas and location of Kororoit Creek [Sinclair, P., Creek, A., Marshall, T., 2005] Amy Rodda_102520063 | Arsen Sarkisian_102757023 | Paraskevi Triantis_7686293

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OVERLAYS : Development Contribution Plan Overlay

Development Contribution Plan Overlay [DCPO2] According to the BPS [Brimbank, 45.06, VC148, 2018, p.626], the purpose of Brimbank’s DCPO overlay is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework. • To identify areas which require the preparation of a development contributions plan for the purpose of levying contributions for the provision of works, services and facilities before development can commence.

The schedule for the DCPO within the Cairnlea Park LiveAble Development Strategy precinct is SCHEDULE 02: BRIMBANK DEVELOPMENT CONTRIBUTIONS PLAN [Brimbank, C187, 2018, pp. 629-634]. This schedule works in conjunction with The Brimbank Development Contributions Plan [November 2016] and applies to all new development within the 19 Charge Areas as shown in Figure 2. According to this map, the Cairnlea Park LiveAble Development Strategy precinct, falls within Charge Area 12 [Cairnlea] and Charge Area 13 [Deer Park] [Brimbank, Clause 45.06 Schedule 2. C187, 2018, pp. 630-631]. 36

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Âť

Figure 2: Brimbank Development Contributions Plan area and charging areas [Brimbank, Clause 45.06 Schedule 2-1. C187, 2018, pp. 631-633

Each Charge Area has contribution levies that are payable within two different infrastructure types: development, and community. Each of these infrastructure type contributions depend on what development type is being considered: residential, retail, commercial, industrial [Brimbank, Clause 45.06 Schedule 2-3. C187, 2018, pp. 631-633].

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PROVISIONS : Victorian Planning Provision/s [VPP] Particular provisions and general provisions within the VPP are the same for all VPS as they cannot be changed by a municipality. However, municipalities can provide schedules as part of these provisions in order to give local content [Richardson, K., Merner, B., 2013]. Particular provisions operate in addition to any zone or overlay requirements an area may have. These provisions specify whether an area will require any additional permits, even if a zone or overlay does not specify this and specify the necessary decision guidelines so as to provide decision-making guidance to the responsible authority [ibid]. According to the Act if there are any inconsistencies between different provisions in a planning scheme, ‘a specific control over land prevails over a municipal strategic statement or any strategic plan, policy statement, code or guideline in the planning scheme’ [DEWLP, 2020d, S7(3A) p. 36]. In order to make an amendment to the VPP, Brimbank will need to get authorisation from the Minister for Planning, or, under the approval of the Minister, another Minister, public authority, or municipal council [Richardson, K., Merner, B., 2013]. The Minister may choose to:

• Approve of this amendment with or without first making changes; and/or • Approve of this amendment with conditions the Minister may wish to impose; or • Request for a further review; or • Refuse to approve this amendment

If approved, a notice of the approval of this amendment must be published in the Government Gazette. There are four types of amendments that can be made under the Act, and with the authorisation of the Planning Minister [DELWP, 2015, PEA s. 12(1)(e), p. 13]:

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• An amendment to the VPP only [which is identified by the letter ‘V’, i.e. V1, V2, etc] • An amendment to the VPP and one or more VPS [which is identified by the letters ‘VC’, i.e. VC1, VC2, etc] • An amendment to a VPS only [which is identified by the letter ‘C’, with a number allocated by the municipality, i.e. C1, C2, etc] • An amendment to more than one VPS [which is identified by the letter ‘GC’, i.e. GC 1, GC2, etc]

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Incorporated documents, like particular provisions are set out by the VPP and are the same across all municipalities’ VPS. However, a schedule of a VPS may contain local incorporated documents. By having incorporated documents within a VPS, it give these documents more weight than a document that is not incorporated; the documents are less likely to be challenged by VCAT in planning decisions [Richardson, K., Merner, B., 2013]. The particular provisions section of a VPS will include the residential development provisions, or ‘ResCode’ [Richardson, K., Merner, B., 2013]. ResCode controls residential development in Victoria and is contained within clauses 54 and 55 of the VPP. These provisions outline the objectives, standards, and guidelines for any potential residential development in an area [DELWP, 2015, PEA s. 6(2)(j), pp. 13-14; 19]. Every objective contains its own standard, and these standards may vary if there is a schedule incorporated within the municipality’s zones or overlays [Richardson, K., Merner, B., 2013]. To help the municipality with these particular provisions’ decision guidelines are also provided with each standard in the VPP [ibid].

Clause 54 Clause 54 [Brimbank, VC142, 2018, pp. 815-832] is the ‘One Dwelling on a lot’ particular provision that applies to residential development applications wanting to construct a building, or construct or carry out works associated with one dwelling on a lot under the provisions in the precincts existing and proposed zones: GRZ1, NRZ1, RGZ and MUZ. This clause outlines provisions that need to be taken into consideration in the Cairnlea Park LiveAble Development Strategy. These include:

• Neighbourhood and Site Description and Design Response • Neighbourhood Character • Site Layout and Building Massing • Amenity Impacts • On-Site Amenity and Facilities • Detailed Design

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PROVISIONS : Clause 55 Clause 55 [Brimbank, VC154, 2018, pp. 833-866] is the ‘Two or more Dwellings on a lot and Residential Buildings’ particular provision that applies to residential development applications wanting to construct a building, or construct or carry out works associated with two or more dwellings on a lot under the provisions in in the precincts existing and proposed zones: GRZ1, NRZ1, RGZ and MUZ. If the applicant would like to:

• Construct a dwelling if there is at least one dwelling existing on the lot • Construct two or more dwellings on a lot • Extend a dwelling if there are two or more dwellings on the lot • Construct or extend a dwelling on common property • Construct or extend a residential building

This clause outlines provisions that need to be taken into consideration in the Cairnlea Park LiveAble Development Strategy. These include:

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• Neighbourhood and Site Description and Design Response • Neighbourhood Character • Site Layout and Building Massing • Section 55.04 Amenity Impacts • Section 55.05 On-Site Amenity and Facilities • Section 55.06 Detailed Design • Section 55.07 Apartment Developments

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Clause 56 Clause 56 [Brimbank, VC154, 2018, pp. 867-894] is the ‘Residential Subdivision’ particular provision that applies to residential development applications wanting to subdivide land. Within this clause there are four classes of subdivision [DELWP, 2020f] dependent on the number of lots in the subdivision:

1. 2 lots 2. 3–15 lots 3. 16–59 lots 4. 60 lots or more

Within the precinct’s DPO overlay, incorporated plans and development plans for residential subdivision in GRZ1, NRZ1, RGZ and MUZ must meet the requirements of Clause 56 [ibid]. This clause outlines provisions that need to be taken into consideration in the Cairnlea Park LiveAble Development Strategy. These include:

• Subdivision Site and Context Description and Design Response • Policy Implementation • Liveable and Sustainable Communities • Lot Design • Urban Landscape • Access and Mobility Management • Site Management • Utilities

The objectives, standards and decision guidelines of Clause 54 and Clause 55.This does not apply to an apartment development. For an apartment development, the objectives, standards, and decision guidelines of Clause 58.

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PROVISIONS : Clause 58 Clause 56 [Brimbank, VC149, 2018, pp. 896-917] is the ‘Apartment Developments’ particular provision that applies to the objectives, standards, and decision guidelines of apartment developments. This clause outlines provisions that need to be taken into consideration in the Cairnlea Park LiveAble Development Strategy. These include:

• Urban Context Report and Design Response • Urban Context • Site Layout • Amenity Impacts • On-Site Amenity and Facilities • Detailed Design • Internal Amenity

General Provisions General Provisions outline the technical aspects of a VPS [Richardson, K., Merner, B., 2013]. These standardised state-wide requirements encompass the following issues: • Clause 61 | Administration of the scheme [e.g. the identification of the responsible authority for the VPS (schedule to clause 61.01)] • Clause 62 | Uses, buildings, subdivision or works not requiring a planning permit • Clause 63 | Existing use rights o Section 63.3 Decision Guidelines • Clause 64 | General Provisions for Use and Development of Land - i.e. Land used for more than one use [Clause 64.01]or in conjunction with another use [Clause 64.02] • Clause 65 | decision guidelines o Section 65.01 Approval of an Application or Plan o Section 65.02 Approval of an Application to Subdivide Land • Clause 66 | Referrals and Notice Provisions o identification of the referral authority for certain types of permit applications • Clause 67 | Applications under section 96 of the Act – i.e. land-owned or permit required by the responsible authority

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Clause 63 The General Provisions Clause 63 of the VPP only deals with existing uses of land. The Act states that the VPS ‘cannot prevent the continuation of a lawfully existing land use if the existing use was established before the [VPS or amendment] came into operation’ [Richardson, K., Merner, B., 2013; DELWP, S. 149A, p. 314]. Clause 65 The General Provisions Clause 65 outlines the decision guidelines for the responsible authority for the VPS [DELWP, 2015, PEA s. 47(1), p. 6]. In addition to guidelines that operate any planning controls, before coming to a decision on an application, the clause states [Brimbank, 65.01 VC148, 2018, p. 974] that the responsible authority must take into consideration, as appropriate: • The matters set out in Section 60 of the Act • The State Planning Policy Framework and the Local Planning Policy Framework, including the MSS and local planning policies • The purpose of the zone, overlay or other provision • Any matter required to be considered in the zone, overlay or other provision • The orderly planning of the area • The effect on the amenity of the area • The proximity of the land to any public land • Factors likely to cause or contribute to land degradation, salinity or reduce water quality • Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site • The extent and character of native vegetation and the likelihood of its destruction • Whether native vegetation is to be or can be protected, planted, or allowed to regenerate • The degree of flood, erosion or fire hazard associated with the location of the land and the use, development, or management of the land so as to minimise any such hazard

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OTHER CONSIDERATIONS : Community Land Trust Community Land Trust [CLT] is land that is purchased by the government and allows for nonprofit companies to development community-based designs and creating “a form of shared ownership of a property” [AHURI, 2018] with the users. The development could be communal areas, public open space, or affordable housing. Additionally, the cost of affordable housing is reduced due to the CLT’s removing the land cost factor, resulting in ground lease payment that is ongoing to utilize the housing. Our housing development proposal of LiveAble housing will be positioned in these CLTs within Victoria. In the ACT, crown leases grant users reduced cost for 99 years of shared ownership of the development with the CLT and highlighting that other states in Australia have implemented it and it has worked successfully for the community.

Figure 3: Affordable housing within CLT, in ACT highlighting the demand for affordable housing alternatives [Taylor, G., 2016].

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Affordable Housing Bill The Greens Victoria highlight a new bill to set the goal of increasing public housing constructed over a duration. “Leader of the Victorian Greens, Samantha Ratnam, said that successive state governments had neglected public housing for decades and as a result the waiting list now exceeded 100,000 people” [Shield, M., 2020], there is large demand for public housing within Australia. Utilizing the catalyst of the pandemic to create an opportunity for future generation to have these public housing options available, “That’s why the Greens want to make building more public housing law - so that our government creates safe and affordable homes for those who need them” [ibid]. “Require 30% of new big apartment developments to be public, community or other affordable housing...” [ibid], intertwining within the proposal to have 1/3 LiveAble Housing. Support for the public housing has increased in demand overall within Victoria, time for the long awaited change is now, for LiveAble housing to be the future for Victoria. The National Construction Code (NCC) Compliance The National Construction Code (NCC) highlights “all on-site construction requirements into a single code” [City of Melbourne, 2020]. NCC 2019 Volume Amendment 1 concentrates on all the requirements for multi-residential, commercial, industrial & public buildings. The elements that will be address within our proposal, align with the standards from the NCC 2019 Volume Amendment 1, [National Construction Code, 2019].

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OTHER CONSIDERATIONS : Accessibility standards according to National Construction Code 2019 Volume Amendment 1 [ibid]. DP1 Access for people with a disability [ibid]

(b) identification of accessways at appropriate locations which are easy to find.

DP2 Safe movement to and within a building [ibid] (a) walking surfaces with safe gradients (b) any doors installed to avoid the risk of occupants— (i) having their egress impeded; or (ii) being trapped in the building; and (c) any stairways and ramps with— (i) slip-resistant walking surfaces on— (A) ramps; and (B) stairway treads or near the edge of the nosing; and (ii) suitable handrails where necessary to assist and provide stability to people using the stairway or ramp; and (iii) suitable landings to avoid undue fatigue; and (iv) landings where a door opens from or onto the stairway or ramp so that the door does not create an obstruction; and (v) in the case of a stairway, suitable safe passage in relation to the nature, volume, and frequency of likely usage. DP7 Evacuation lifts [ibid]

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• the travel distance to the lift; and • the number, mobility, and other characteristics of occupants; and • the function or use of the building; and • the number of storeys connected by the lift; and • the fire safety system installed in the building; and • the waiting time, travel time and capacity of the lift; and • the reliability and availability of the lift; and • the emergency procedures for the building.

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DV3 Ramp gradient, crossfall, surface profile and slip resistance for ramps used by wheelchairs [ibid]. Compliance with Performance Requirement DP2, relating to gradient, crossfall, surface profile and slip resistance of a ramp for the use of wheelchairs is verified when:

• (i) the ramp has a gradient that is not steeper than 1:8; and • (ii) the pushing force required to accelerate a wheelchair and user during ascent is in accordance with (b); and • (iii) the required braking force for a wheelchair and user during descent is in accordance with (c); and • (iv) the projected ascent time is in accordance with (d); and • (v) the ramp crossfall, surface profile and slip resistance is in accordance with (e).

D3.8 Tactile indicators [ibid] For a building required to be accessible, tactile ground surface indicators must be provided to warn people who are blind or have a vision impairment that they are approaching. Proposal for amendments within National Construction Code, to take inconsideration the various disabilities that users may have, and construct elements that increase multisensory wayfinding techniques for those users that may have mental disabilities, visual impairment, speech, and language disabilities, and deaf or hearing loss. Visual signals, manipulation of sound and light, feel of surfaces and tactile indicators, alongside spacious pathways to allow for walkability and clarity for points of access. This is needed to be a mandatory amendment for the National Construction Code. Everyone will benefit from the focus of disability accessibility and the wayfinding techniques that are created for amenities, housing, and the overall built environment.

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OTHER CONSIDERATIONS : Fire Accessibility Standards DP5 Fire-isolated exits [ibid]. To protect evacuating occupants from a fire in the building exits must be fire-isolated, to the degree necessary, appropriate to:

• the number of storeys connected by the exits; and • the fire safety system installed in the building; and • the function or use of the building; and • the number of storeys passed through by the exits; and • fire brigade intervention.

Car Park Standards Car parking purpose within the BPS [Brimbank, 52.06, VC148, 2018, pp. 671-677] highlights:

• To support sustainable transport alternatives to the motor car. • To promote the efficient use of car parking spaces through the consolidation of car parking facilities. • To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.

The Brimbank Planning Scheme highlights vehicles to be used efficiently and supported by carparks at sustainable transport options, and safety concerns that a may arise from carparks. There are tools that assist with calculation for number of car parking spaces and percentage of total site area that should be dedicated to car parking within a site. Alongside design standards in section 52.06-9 for car parking within Brimbank. Brimbank Planning Scheme requires a car parking plan when a new use for land or floor area that is existing is increase, before development. Application requirements and decision guidelines for permit applications [Brimbank, 52.06, VC148, 2018, pp. 671-677]. For applications to reduce the car parking requirement an application to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay must be accompanied by a Car Parking Demand Assessment [ibid].

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The Car Parking Demand Assessment must assess the car parking demand likely to be generated by the proposed [ibid]:

• new use; or • increase in the floor areas or site area of the existing use; or • increase to the existing use by the measure specified in Column C of Table 1 in Clause 52.06-5 for that use. • The Car Parking Demand Assessment must address the following matters, to the satisfaction of the responsible authority: • The likelihood of multi-purpose trips within the locality which are likely to be combined with a trip to the land in connection with the proposed use. • The short-stay and long-stay car parking demand likely to be generated by the proposed use. • The availability of public transport in the locality of the land. The convenience of pedestrian and cyclist access to the land. • The provision of bicycle parking and end of trip facilities for cyclists in the locality of the land.

Before granting a permit to reduce the number of spaces, the responsible authority must consider the following, as appropriate [ibid]: • The Car Parking Demand Assessment. • Any relevant local planning policy or incorporated plan. • The availability of alternative car parking in the locality of the land, including: – Efficiencies gained from the consolidation of shared car parking spaces. – Public car parks intended to serve the land. – On street parking in non-residential zones. – Streets in residential zones specifically managed for non-residential parking. • The future growth and development of any nearby activity centre. • The need to create safe, functional, and attractive parking areas. The proposal implementation supported with the incorporated plans, alongside all the necessary requirements that are needed to be consider by a responsible authority, leads to reduction of car parks in an existing lots and areas. Additionally, creating opportunity for existing car parks to transform to public open space or amenities with a mix used zone or commercial zone towards that part of the land. And if needed, having non-residential street carparking, where amenities are located. Possibility to create a shared carpark between multiple lots.

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OTHER CONSIDERATIONS : Universal Accessibility Standards Universal design, from “Victorian Health and Human Services, Building Authority� establishes guidelines that create user centric designs, which primarily focus on accessibility for all users within a space. And the ability for a space to provide a magnitude of diverse uses. A couple of Universal design principles [Victorian Health and Human Services, Building Authority, 2020], that coincide with our proposal for Brimbank. Universal design [ibid]

1a. Provide the same means of use for all users: identical whenever possible; equivalent when not. 2a. Provide choice in methods of use. 4a. Use different modes (pictorial, verbal, tactile) for redundant presentation of essential information. 7a. Provide a clear line of sight to important elements for any seated or standing user.

United Nations Universal Design Principles [United Nations, 2016].

a) Equitable use: the design is useful and relevant to a wide group of end-users b) Flexibility in use: the design accommodates a wide range of individual preferences and abilities c) Simple and intuitive use: the design is easy to understand regardless of the knowledge, experience, language skills or concentration level of the end-user d) Perceptive information: the design communicates information effectively to the user regardless of the ambient condition or the sensory abilities of the end-user e) Tolerance for error: the design minimizes the hazards and adverse consequences of unintended actions by the end-user f) Low physical effort: the design can be used easily, efficiently, and comfortably with a minimum of fatigue g) Size and space: the size and space for approach, reach, manipulation, and use should be appropriate regardless of the body size, posture, or mobility of the end-user

An amendment that needs to happen to increase inclusive accessibility within Australian cities, as international cities apply universal design into their development procedures. Australian cities should create a mandatory implementation of Universal Design Principles at an early stage of development and carried through the process of design. To have a focused approach to accessibility for any user of the space.

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The Car Parking Demand Assessment must assess the car parking demand likely to be generated by the proposed [ibid]:

• new use; or • increase in the floor areas or site area of the existing use; or • increase to the existing use by the measure specified in Column C of Table 1 in Clause 52.06-5 for that use. • The Car Parking Demand Assessment must address the following matters, to the satisfaction of the responsible authority: • The likelihood of multi-purpose trips within the locality which are likely to be combined with a trip to the land in connection with the proposed use. • The short-stay and long-stay car parking demand likely to be generated by the proposed use. • The availability of public transport in the locality of the land. The convenience of pedestrian and cyclist access to the land. • The provision of bicycle parking and end of trip facilities for cyclists in the locality of the land.

Before granting a permit to reduce the number of spaces, the responsible authority must consider the following, as appropriate [ibid]: • The Car Parking Demand Assessment. • Any relevant local planning policy or incorporated plan. • The availability of alternative car parking in the locality of the land, including: – Efficiencies gained from the consolidation of shared car parking spaces. – Public car parks intended to serve the land. – On street parking in non-residential zones. – Streets in residential zones specifically managed for non-residential parking. • The future growth and development of any nearby activity centre. • The need to create safe, functional, and attractive parking areas. The proposal implementation supported with the incorporated plans, alongside all the necessary requirements that are needed to be consider by a responsible authority, leads to reduction of car parks in an existing lots and areas. Additionally, creating opportunity for existing car parks to transform to public open space or amenities with a mix used zone or commercial zone towards that part of the land. And if needed, having non-residential street carparking, where amenities are located. Possibility to create a shared carpark between multiple lots.

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AMENDMENTS : There are a number of reasons why a VPS may be amended [DELWP, 2015, PEA ss. 8A, 8B, p. 3], such as to:

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• to enhance or implement the strategic vision of a scheme • implement a new state or local policy • to update the scheme • correct a mistake • allow a prohibited use to take place • restrict a use or development in a particular location • authorise the removal of a restrictive covenant • to set aside land for acquisition for a public purpose or to remove such a reservation when it is no longer needed in the scheme • incorporate changes made to the VPP

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STRATEGY PRECINCT

[Original Data Sourced from Aurin, 2020]

CURRENT ZONES : C1Z GRZ PPRZ PUZ2

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NRZ


PROPOSED ZONES : C1Z

RGZ

MUZ PPRZ PUZ2

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : APPLICATION

P1023/2020

NUMBER: APPLICANT:

LiveAble Housing Providers Swinburne University of Technology

LOCATION:

Solomon Drive, Station Road, Cairnlea, VIC

ZONING/

Existing Neighbourhood Residential Zone and General Residential

OVERLAY:

Zone to be converted to Mixed Use Zone and Residential Growth Zone with Development Contribution Plan Overlay over entire precinct extents Schedule 6

ADJOINING

South, West, and East of the proposed precinct contain more

ZONING/

Residential Growth Zones, with sporadic Public Park and Recreation

OVERLAYS:

Zones. Land to the North is zones as Commercial 1 Zones. All surround land has an existing Development Plan Overlay Schedule 6. A Public Use Zone 2 lies to the West and the East of the precinct site.

SITE &

Site Details

SURROUNDS:

The site for this proposed precinct development of LiveAble housing developments within a precinct within the Deer Park, Albanvale and Cairnlea 20 minute neighbourhood is located in the Cairnlea section of the 20 minute catchment. Currently existing in this area is a lot one dwelling on one lot residential, with not very dense development. There are some Multi-Use residential towers along Furlong Road that provide more diverse housing types for the community. The total area of our precinct site is 711495 metres squared (71.1495 hectares). Currently there are shared pedestrian and bicycle footpaths on Furlong Road and Cairnlea Drive. There is a bus route running along Furlong Road and Station Road. A shared car and bike lane runs along Station road on both sides of the road. Bike Path along Claire Brennan Road, Solomon Drive Gould Street, Mawson Avenue and Cairnlea Drive/Neale Road. The precinct itself is located within a several zones including Neighbourhood Residential Zones, General Residential Zones, Commercial 1 Zones, Public Park and Recreation Zones and Road Zones. It is located close to the Cairnlea Town Centre (a

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neighbourhood activity centre). Some Road Zone along Station Road is included, as well as sporadic Public Park and Recreation zones, presented as reserves. The Stockton Run Reserve is a long linear reserve running between Solomon Drive and Blackwood Court off Station Road. To the North is Pinewood Crescent Reserve and Western Family Medical Centre. Towards North West is Robert Bruce Reserve and more to the West is Deer Park North Primary School. The rest of the precinct is residential development. Surrounding Details: To the East of the precinct site location is the Cairnlea Neighbourhood Activity Centre near the Town Centre. To the North West is Brimbank Shopping Centre, just outside the precinct boundary. Southerly is Kororoit Creek that runs along the south and upwards North West past the Isabella Williams Memorial Reserve. Jones Creek runs along the North East. The broader residential area to the South and West of the site contains a range of townhouses and single dwellings on lots, with a mix of single and double story developments.

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : SITE

January 21st, 2020 and January 21st 2021

INSPECTION DATE: PLANNING

A redevelopment plan for Cairnlea was proposed in the year 1998 by

HISTORY:

Hassell, intended to direct the development within the estate. It was a rezoning and redevelopment plan. On this site is a Development Plan Overlay Schedule 6 (DPO6) that overlays the Cairnlea Estate – Former Albion Explosives Factory Site. Cairnlea used to be Albion and open grassland after European settlement, until from 1939 onwards it was a government explosives manufacturing site. The site itself has a bit of a war history, continuing on into Deer Park (a neighbouring suburb). This site closed in the 1990s. The suburb currently is a relatively new estate developed by Hassell in 1998 and finishing in mid-2005. Man-made lakes and stormwater recycling were key focuses. The focus on the new development plan as at April 2020 is on diversity of housing, affordable housing, public park and recreation land, range of lot sizes, provision of educational, civic and community facilities, pedestrian and cycling networks, conservation and heritage, future character of neighbourhood, environmental impact and buffer distance of site from industrial land, amongst other guidelines in the DPO6. (Brimbank, 2006, VC37, Schedule 6, DPO6).

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PLANNING SCHEME

Built Environment Section 11: Settlement

REQUIREMENTS: Section 11.01-1S: Settlement Objective To promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements. Section 11.01-1R: Settlement - Metropolitan Melbourne Strategies Maintain a permanent urban growth boundary around Melbourne to create a more consolidated, sustainable city and protect the values of non-urban land. Section 11.02: Managing Growth Section 11.02-1S: Supply of urban land Objective To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional, and other community uses. 11.03-1S: Activity centres Objective To encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community 11.03-1R: Activity centres - Metropolitan Melbourne Strategies Support the development and growth of Metropolitan Activity Centres 11.03-2S: Growth areas Objective To locate urban growth close to transport corridors and services and provide efficient and effective infrastructure to create sustainability benefit while protecting primary production, major sources of raw materials and valued environmental areas Section 13.05 Noise Abatement Section 13.07 Land Use Compatibility Section 15.01 Urban Design Section 15.01 Healthy Neighbourhoods Section 15.01 Neighbourhood Character Section 15.02 Sustainable Development Section 15.03 Heritage Section 15.03 Aboriginal Cultural Heritage

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : Housing Section 16.01 Housing Supply Section 16.01 Housing Affordability Section 16.01 Housing Opportunity Economic Development Section 17.01 Diversified Economy Section 17.02 Commercial Section 17.02 Business Section 17.02 Out-of-centre development Transport Section 18.01 Integrated Transport Section 18.01 Land Use and Transport Planning Section 18.01 Transport System Section 18.02 Sustainable Personal Transport Section 18.02 Principal Public Transport Network Infrastructure Section 19.01 Renewable Energy Section 19.02 Community Infrastructure Section 19.02 Health Facilities/Precincts Section 19.02 Education Facilities/Precincts Section 19.02 Cultural Facilities Section 19.02 Social and Cultural Infrastructure Section 19.02 Open Space Section 19.03 Development Infrastructure and Contributions Plans Section 19.03 Infrastructure Design and Provision

Local Planning Policy Framework Built Environment

Section 21: Municipal Strategic Statement Section 21.02: Key Land Use Issues

Section 21.03: Council’s Strategic Vision

Section 21.04: Strategic Land Use Vision Section 21.05-2: Green Wedge Areas Section 21.06-1: Heritage

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Section 21.07: Housing

Section 21.07.2: Housing Diversity

Section 21.07-4: Non-residential use in residential area Section 21.08: Retailing and Activity Centres

Section 21.08-1: Potential for residential development in Activity Centres that have a strong mix of commercial and retail activity and good access to transport

Section 21.08-2: Retail Design

Section 21.08-3: Large format retailing and commercial development

Section 21.09: Industrial Land Use Section 21.10: Transport

Section 21.11: Community and leisure facilities

Section 21.11-3 Public Open Space and Sporting Facilities – PPRZ and PUZ

Section 23.01 Relationship to planning policy framework Section 32: Residential

Section 32.04-2: Permit not required

Section 32.04-4: Subdivision – Permit Required

Section 32.04-6: Construction and Extension of 2 or more

dwellings on a lot, Dwellings on common property, Residential Buildings

Clause 54+55

Relation to the Planning Policy Framework

Operation of the Municipal Strategic Statement Operation of the Local Planning Policies

Current Zones within case study 20 minute Neighbourhood Neighbourhood Residential Schedule 1 General Residential Schedule 1 Commercial 1 Zone Public Conservation and Resource Public Use Zone Education Public Use Zone Utility

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : Proposed Zones within case study 20 minute Neighbourhood Residential Growth Zone Mixed Use Zone Public Use Zone Health and Community Public Park and Recreational Zone

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Current Overlays within case study 20 minute Neighbourhood Development Contribution Plan Overlay Development Plan Overlay Environmental Audit Overlay Environmental Significance Overlay Schedule 4 Environmental Significance Overlay Schedule 6 Heritage Overlay Land Subject to Inundation Overlay Special Building Overlay Proposed Overlays within case study 20 minute Neighbourhood Design and Development Overlay Neighbourhood Character Overlay Particular Provisions Section 52 One Dwelling on a lot Section 54.01 Neighbourhood and Site Description and Design Response Section 54.02 Neighbourhood Character Section 54.03 Site Layout and Building Massing Section 54.04 Amenity Impacts Section 54.05 On-Site Amenity and Facilities Section 54.06 Detailed Design Two or more Dwellings on a lot and Residential Buildings Section 55.01 Neighbourhood and Site Description and Design Response Section 55.02 Neighbourhood Character Section 55.03 Site Layout and Building Massing Section 55.04 Amenity Impacts Section 55.05 On-Site Amenity and Facilities Section 55.06 Detailed Design Section 55.07 Apartment Developments

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : Residential Subdivision Section 56.01 Subdivision Site and Context Description and Design Response Section 56.02 Policy Implementation Section 56.03 Liveable and Sustainable Communities Section 56.04 Lot Design Section 56.05 Urban Landscape Section 56.06 Access and Mobility Management Section 56.08 Site Management Section 56.09 Utilities Apartment Developments Section 57.01 Urban Context Report and Design Response Section 57.02 Urban Context Section 57.03 Site Layout Section 57.04 Amenity Impacts Section 57.05 On-Site Amenity and Facilities Section 57.06 Detailed Design Section 57.07 Internal Amenity General Provisions Existing Uses Section 63.3 Decision Guidelines General Provisions for Use and Development of Land Section 64.01 Land Used for More Than One Use Section 64.02 Land Used in Conjunction with Another Use Decision Guidelines Section 65.01 Approval of an Application or Plan Section 65.02 Approval of an Application to Subdivide Land Referral and Notice Provisions Operational Provisions Operation of this Planning Scheme Section 71.01 Operation of the Municipal Planning Strategy Section 71.02 Operation of the Planning Policy Framework Section 71.03 Operation of Zones Section 71.04 Operation of Overlays Section 71.05 Operation of Particular Provisions

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Administration and Enforcement of this Planning Scheme Meaning of Terms Strategic Implementation

COMPARISON AGAINST PLANNING CONTROLS:

State Planning Policy Framework Section 11 Settlement Relevant to the proposal are specific directions in Sections 11.01-R Settlement - Metropolitan Melbourne; 11.02 Managing Growth;

11.02-1S Supply of Urban Land; 11.03-1S Activity centres;

11.03-1R Activity Centres – Metropolitan Melbourne; 11.04-2 Housing Choice and affordability; 11.04-4 Liveable Communities; Creating a 20 minute neighbourhood with affordable and diverse housing is in-line with Plan Melbourne. Plan Melbourne was implemented through Amendment VC106 in the Victorian Planning Scheme May 2014. Plan Melbourne provides various strategies for encouraging and enhancing diversity of housing choice, which in turn facilitates affordability within 20 minute neighbourhoods. These 20 Minute neighbourhoods support healthy lifestyles, connections to job and employment opportunities and thriving communities. (Plan Melbourne, 2017a).

The proposed precinct design is located within the 20 minute Cairnlea, Deer Park and Albanvale catchment and provides LiveAble housing provided by LiveAble Housing Providers. LiveAble housing is focused on delivering a variety of Studio, one bedroom, two bedroom, three bedroom, four bedroom and five

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : bedroom rentable homes, prioritizing vulnerable households but being available to all. Some of the LiveAble housing developments will be within the converted Mixed-Use zones; these will have ground floor public amenity such as hospitality, libraries, convenience stores and community shared spaces. Through an amended existing DCPO in the Cairnlea suburb to facilitate Community Land Trust provisions and a 1 in 3 LiveAble housing quota, adhering to the need for substantial diverse housing and affordable housing will be possible. All of the above will ensure consistencies with Section 11 of the Brimbank Planning Scheme.

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Section 13 Relevant to the proposal are specific directions in Sections 13.05 Noise Abatement and Section 13.07 Land Use Compatibility Mixed use residential zones adjacent to and surrounded by Residential Growth Zones will be the required buffered distance from industrial, noisy sites. Separation of land use will be ensured through strategic spacing of lot developments and dwellings on lots, as well as the use of existing reserves, wider paths, and tree canopy/vegetation to act as buffers between community public realm and residential private realm. Section 15 Built Environment and heritage Relevant to the proposal are specific directions in Sections 15.011S Urban Design; 15.01-4S Healthy Neighbourhoods; 15.01-5S Neighbourhood Character; 15.02; Sustainable Development;15.03 Heritage; 15.03 Aboriginal Cultural Heritage 15.01-1S: The Urban Design Guidelines developed by DELWP (DELWP, 2017d) outline the details in the requirements of Section 15.01-1S in the Brimbank Planning Scheme. The objectives are: • 1.1 Urban Structure Principles o To Provide a permeable and functional urban structure of blocks and streets

• 2.1 Movement network principles o The principles informing the overall form and layout of public streets, roads, and paths.

• 3.1 Public Spaces Principles o Urban design principles for parks, street

spaces, plazas, and communal open spaces.

• 4.1 Public Transport Environs Principles o Urban design principles for public transport

environs. Public transport environs includes the

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : public spaces, streets, buildings, and activities located around railway stations, bus, and tram interchanges, and adjacent to railway corridors. • 5.1 Buildings in Activity Centres o Larger, more complex buildings located in

places with higher concentrations of urban activity.

• 6.1 Principles for objects in the public realm o The placement and arrangement of street

furniture, utilities, and small structures within the public realm.

(DELWP, 2017d) Enhancing the cycling paths, bus routes, pedestrian and bike crossings and reconfiguring existing car dominated roads and streets within the precinct site will enable the precinct to adhere to objective 2.1. Car park and on-street parking will be provided where necessary, however public transport, walking and cycling will be promoted. Any onstreet parking will be non-invasive to cyclists and pedestrians through strategic road configurations. Studio or one bedroom apartments will be encouraged to not have associated car spots. Car park spots on LiveAble housing lots will be adaptable for future use, allowing them to take on functions other than car parks in future. Adhering to objective 1.1 will involve the use of the Mixed Use Zone LiveAble housing developments, encouraging ground floor public amenity and permeability through lots, reserves, and dwellings. LiveAble housing adhering to the provisions of the DCPO (mandating 1/3 of all dwellings as LiveAble housing dwellings) will also have permeable ground floor configurations. This precinct development will adhere to objective 3.1 through the rezoning of Mixed Use Zones from previously

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Neighbourhood Residential Zones, coupled with the amended DCPO. These planning amendments will allow for safe, accessible, enjoyable, diverse, and satisfactory amenity and services for local residents as well as LiveAble housing tenants residing on the developed Mixed Use lots. Satisfactory public transport infrastructure, bike parking and safe pedestrian paths will allow for safe and clear connections to and from this amenity. Local parks and reserves will be well activated on their edges and well-lit during the evenings and throughout the night-time. This will ensure that resident safety will be enhanced, and residents will feel safe to walk through these public areas. Objective 4.1 will be met through providing adequate bus route and bus stop connections to Deer Park V-Line station and also Ginifer Metro station. Cycling paths and pedestrian paths both on-road and off-road will be improved and expanded, allowing safer and more efficient connections to significant public transport nodes. Frequency of bus services will be increased from the current 20 minute wait times; aiming for 10 minutes between services. Objective 5.1 will be met through Future Neighbourhood character provisions within the existing Neighbourhood Character Overlay. Sensitive approaches to material selection and built form. Residential and commercial developments will ensure adequate access to daylight and sunlight, as well as minimized wind-tunnelling effects and weather protection for all. Maintenance of communal spaces and public services, as well as architecturally landscaped areas will be of high importance and part of the LiveAble housing residential and Mixed Use developments within the precinct site. Active frontage of retail will be provided at the ground level of Mixed Use LiveAble housing developments. Safe pedestrian movement in and around parking, residential and public spaces will be met through clear wayfinding, maintenance of these areas, lighting, natural light access, and passive surveillance wherever possible.

Objective 6.1 will be met through east to maintain and durable park

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : and public infrastructure/furniture such as park benches, bins, outdoor seating, playground equipment, outdoor ornamental features, new footpaths and ground surfaces and lighting, amongst other objects. This infrastructure will be placed only where required and spaced out well enough to ensure easy access from the public. Trees and other planting shall be selected in-line with native planting. Sugar Gums have been found in the suburb of Cairnlea, not as native trees but as previously planted, and as such will be considered as contributing to Neighbourhood character. Planting and new flora for the precinct will be determined based off the comprehensive list of native Flora found in Brimbank found at this link https://www.yumpu.com/it/document/read/11518248/list-ofnative-plants-found-in-brimbank-brimbank-city-council 15.01-4S: The 20 minute walkable Neighbourhoods proposed by Plan Melbourne (DELWP, 2017a) focus on the health and wellbeing associated with a diverse and walkable neighbourhood. Walkability decreases prevalence of cardiovascular diseases and has benefits to mental health (Department of Environment, Land, Water and Planning, 2019, p. 14). 20 Minute Neighbourhoods by DEWLP provide the requirements for 20 minute neighbourhoods. Ensuring that Mixed Use zones are provided for residential public amenity, and all LiveAble housing is located close to adequate green space, transport, and services, will ensure this walkability, and enhanced physical and mental health. 15.01-5S: The precinct site will use reclaimed bricks for its façade of the typical “Melbourne Brick” red colour to blend in to the existing and established residential developments. Brick is also formed from organic material, and as such has a connection to nature and land. With the site surrounded by creeks and reserves, brick will be an important material for façade design and building envelope. Due to medium density housing developments proposed for LiveAble

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housing, the new typologies will not appear out of place in this precinct. Vegetation will be based on the native flora of Brimbank. Ensuring places for residents to socialise, meet, interact, and live well will also provide developments that are in line with the heavy residential character of the surrounding site. Section 16 - Housing Relevant to the proposal are specific directions in Sections 16.0101-1R Housing Supply; 16.01-2S Housing Affordability 16.01-1R: Housing supply section states that new housing must meet the population growth of Metropolitan Melbourne and ensure a sustainable growing city through “developing housing and mixed use development opportunities” (Brimbank, 1601-1R, VC169, 2020, p. 101). Our transitions of General and Neighbourhood Residential Zones to Mixed Used zones and Residential Growth zones will ensure a focus on mixed use development, ground floor amenity, higher density residential developments, the development of precinct and enhancing existing neighbourhood activity centres (such as that found in Cairnlea). 16.01-2S: Housing affordability within the Brimbank Planning Scheme aims to “deliver more affordable housing closer to jobs, transport and services” (Brimbank, 1601-2S, VC169, 2020, p. 102). This is in line with the objectives of 20 minute neighbourhoods by DELWP in that it centres around creating walkable, accessible, and thriving neighbourhoods surrounding residential developments. The precinct site will benefit from a mix of purely residential, mixed use residential and commercial infrastructure, ensuring adequate access to amenity, services, employment, and housing for all. The enhanced connections to V-Line and Metro train stations through increased bus schedule frequency, expanded bus routes, safe and efficient cycle

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : paths and clear way-finding will also ensure required connections to more macro forms of transport and connection. This precinct will provide a mix of studio, one bedroom, two bedroom, three bedroom, four bedroom and five bedroom apartments, increasing diversity of housing choice and thus increasing affordability.

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Section 17 Economic Development Relevant to the proposal are specific directions in Sections 17.01-1R

Diversified Economy; 17.02 Commercial; 17.02-1S Business; 17.02-2S Out-of-centre development 17.01-1R:

The precinct site will contribute to the plan for creating similar

precincts all around Brimbank to achieve LiveAble housing yield for vulnerable households and others. These precincts will be within 20 minute neighbourhoods, and contribute to strong redevelopments surrounding the Central City (Brimbank, 17.01-1R, VC148, 2018, p.109). By creating precincts and 20 minute neighbourhoods such as the site precinct covered in this report in various areas of Brimbank and other Local Government Areas surrounding the Central City, a comprehensive and strong ring of diverse, distinct and high quality neighbourhoods would be created (Brimbank, 17.01-1R, VC148, 2018, p.109). The precinct site development and 20 minute neighbourhood development will focus on access to significant transport, high level amenity, growth of businesses and economy, retail, and services and “integrated walking and cycling paths” (Brimbank, 17.01-1R, VC148, 2018, p.109). 17.02-1S: The business section of section 17 outlines the need for development that “meets the community’s needs for retail, entertainment, office and other commercial services” (Brimbank, 17.02-1S, VC148, p. 112). The use of the proposed Mixed Use Zone and Residential Growth Zone will enable for ground floor amenity such as retail, entertainment, office, and other uses. Having supermarkets with a variety of cuisines available, cafes and restaurants with a variety of cuisines offered, entertainment that is inclusive and accessible for all will be of most importance to this precinct development. A cinema for the precinct site will be required, as a cinema acts as an effective place-making tools and identity for a precinct. Due to the Brimbank Shopping Centre to the North West of the site and the neighbourhood activity centre close to the Town

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : Centre in Cairnlea, there will be no requirement for a five year time limit of a 1000 square metre or more shopping centre development. 17.02-2S

This section manages out-of-centre development to ensure that proposals for single use amenity such as retail, commercial and

recreational facilities are discouraged (if they are outside activity centres). This precinct shall ensure that any single use facilities

or amenity are located closer to the edges of any activity centres.

Large sports and entertainment facilities or metropolitan, state, or national significance should be discouraged from out-of-centre

areas; as such, no such developments will be considered for this

precinct site. Out-of-centre proposals should be of direct use and benefit to the immediate and surrounding community. As such,

the precinct proposal and the proposal of Mixed Use Zones and Residential Growth Zones will ensure localized amenity and

facilities for the residents within the immediate proximity of the site.

Section 18 - Transport Relevant to the proposal are specific directions in Sections 18.01 Integrated Transport; 18.01-1S Land Use and Transport Planning; 18.01-2S Transport System; 18.02-1S Sustainable Personal Transport; 18.02-2R Principal Public Transport Network 18.01-1S This section is about creating “safe and sustainable� transport systems through the integration of land use and transport (Brimbank, 18.01-1S, VC148, 2018, p. 124). As outlined in the Public Transport Guidelines for Land Use and Development (Victorian Government, 2008) public transport development should avoid new level crossings, not delay public transport services, avoid new signals, and identify risks and manage these risks through mitigation. Public transport should be considered at every stage in the design process. As such, connections from the precinct site

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to nearby Metro and Regional stations is imperative, and should be planned and established simultaneously with mixed use and residential development. The Public Transport Division (PTD) will be contacted regularly for upto-date information on public transport developments and feedback on the precinct proposal as a part of the precincts design development process (Department of Transport, 2008). 18.01-2S This schedule identifies the need to coordinate transport node development to create a more comprehensive transport system (Brimbank, 18.01-2S, VIC148, 2018, p. 125). Through the identification of the existing bus routes, bus stops, bike paths and pedestrian paths, a more enhanced and well-connected system and network of this form of localized transport will be developed and implemented. Connecting buses to nearby train stations, and creating accessible bus interchanges and stops to encourage bus use. These enhanced transport connections will also strategically stop within a walkable distance from the LiveAble housing developments, to ensure residents have priority and ease of access to these bus stops. 18.02-1S : This section promotes the uptake of principles and objectives outlined in 20 Minute Neighbourhoods by DELWP and Plan Melbourne’s (DELWP, 2017a) description of walkable neighbourhoods. It specifies the implementation of development, redevelopment, and urban renewal to ensure more walking and cycling within communities (Brimbank, 18.02-1S, VC148, p. 128). This section also focusses on creating “high quality” environments for pedestrians and those who use vehicles for mobility (wheelchairs, prams, and scooters) (Brimbank, 18.02-1S, VC148, p. 128). This precinct proposal will be reconfiguring existing road, street, and footpath layouts to ensure

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : adequate circulation for all users and safe use of paths, roads, and streets. The personal transport infrastructure will be such that getting from one significant destination to another will be easy and straight-forward. 18.02-2R: The implementation of this section focused on the Principal Public Transport Network is of the utmost importance to any 20 minute walkable neighbourhood and housing development project. A key characteristic of 20 minute neighbourhoods is in close proximity to the Principal Public Transport Network (PPTN). This PPTN can be defined by a series of lines that trace along significant public transport nodes and routes within Metropolitan Melbourne. The PPTN is defined heavily by frequency of transport service to a specific node or transport route. The precinct in this site proposal is within proximity to the existing PPTN; the enhancements proposed for the bus network will also enhance the PPTN within this area. Section 19 - Infrastructure Relevant to the proposal are specific directions in Sections 19.01 Renewable Energy;19.02 Community Infrastructure; 19.021S Health Facilities/Precincts;19.02-2S Education Facilities/Precincts;19.02-3S Cultural Facilities;19.02-4S Social and Cultural Infrastructure;19.02-6S Open Space; 19.03-1S Development Infrastructure and Contributions Plans; 19.03-2S Infrastructure Design and Provision 19.01: This section encourages the uptake and implementation of renewable energy technologies onto new site developments and communities, as well as in green wedge and peri-urban areas ( Brimbank, 19.01-2R, VC148, p.150). Solar panels and solar hot water systems will be implemented in all new LiveAble housing developments, to ensure more clean energy.

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19.02-1S: The integration of health services and facilities within regional and metropolitan communities is of high importance when creating 20 minute neighbourhoods and creating accessible and healthy lifestyles for all residents of these communities. Having healthcare within a walkable and accessible distance ensures easier access to health care. Demographics will be taken into account to ensure the right type of health facility is provided within a certain proximity to specific sites. Large hospitals and large health facilities however should be located in health precincts and more transit oriented locations. (Brimbank, 19.02-1S, VC148, 2018, p. 153). 19.02-2S: The integration of education and “early childhood facilities� is necessary when designing a 20 minute neighbourhood. The precinct site development and its respective location within a 20 minute catchment has been determined based off walkable access to existing education and childcare institutions within the site constraints. This was a big determinant of the reason for selecting this site for development. Educational facilities and childcare facilities are naturally walkable, with lower speed limits, pedestrian crossings, well-lit areas, and close access to public transport. For this reason, enhancing the education facilities through methods such as safe vehicle drop-off zones, placing them close to activity centres, have community libraries nearby and be close to tertiary or higher education is of utmost importance. (Brimbank, 19.02-2S, VC148, 2018, p. 155). 19.02-3S: Embracing the arts and cultural diversity within the proposed precinct will be a key element to creating a sense of connected community with the LiveAble Housing Precinct proposed in this report. In line with this section, cinemas, restaurants, nightclubs, live theatres and other

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : arts/cultural/entertainment facilities will be developed within the localized context of this precinct development, as a scale suitable and relevant to the local community (Brimbank, 19.02-3S, VC148, 2018, p. 157). These facilities will only be implemented if public transport is well served within the precinct. Aforementioned sections outline how this will happen within the proposed site. 19.02-4S: As this precinct site is focused on implementing zones and overlays to enforce the development of LiveAble housing, the need for social and cultural infrastructure within this precinct is high. This section addresses the need for acknowledging and solving the “gaps and deficiencies” in current social and cultural infrastructure, to ensure a more equitable public realm. Social infrastructure must be designed to be accessible for all, with social infrastructure being encouraged to be developed in growth areas. Adaptable designs for this infrastructure is ideal; architecture and design that adapts to the needs of future populations and demographics. Adequate service delivery to areas that have “limited or no capacity for further growth, or that experience population decline”. Land with current of future prospects to have cemeteries and crematoria should be identified and protected. The precinct site will encourage this level of social inclusion in public infrastructure, as well as the servicing of goods to all settlements through enhanced social frameworks, transport infrastructure and localized amenity. 19.02-6S: Public open space is integral to a 20 minute neighbourhood that can encourage its residents to lead healthy lives both mentally and physically. This section encourages that open space networks are linked through walking and cycling trails, are integrated with open space from abutting subdivisions, where possible have links between parks and

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activity areas, along waterways and drainage corridors and maintain/create public access to adjoining waterways or coasts (Brimbank, 19.02-6S, VC148, 2018, p. 161). Within the proposed precinct development, there are three main reserves and parks, as well as creeks that run from South to North West, and from East to North of the proposed precinct site. Creating connections through cycling trails offroad and on-road as well as pedestrian priority paths will ensure that the precinct adheres to the recommendations in this section. 19.03-1S: Development contribution plans are the resulting infrastructure that is required to be added or upgraded due to the new developments placed on land for any type of use (Department of Sustainability and Environment, 2007). These contributions are in the form of payments that go towards the contribution and development of infrastructure, resulting from new developments. Development contributions can be provided through the following as per The Act of 1987: • Planning scheme amendment process • Planning permit process, or • Building permit process (Department of Sustainability and Environment, 2007, p. 4) Due to the developments of LiveAble housing proposed on the new Mixed Use Zones and Residential Growth Zones, and the provisions of a Development Contributions Plan Overlay, with amendments for Community Land trust and mandated affordable housing, adequate infrastructure will be consequently implemented. Within the ground floor plane of MUZ will be adequate and relevant retail and services and in existing PPRZ will be park infrastructure and equipment to enhance and activate these areas.

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : 19.03-2S: This section aims to ensure that infrastructure of new developments provides cost-effective, efficient, and timely developments (Brimbank, 19.03-2S, VC169, 2020). This site precinct proposal aims to achieve this objective through the amalgamation of two, three and four lots and the subsequent development of LiveAble housing upon them. These amalgamated lots can then be subdivided in future if need be, ensuring a very time and cost effective land structure for current and future developments. The materials, construction processes, energy saving techniques and architecture of the modular LiveAble housing also allows it to be low in maintenance costs and low in construction costs. Local Planning Policy Framework Built Environment

This application of the proposed precinct site within Cairnlea has been assessed rigorously against the Local Planning Policy

Framework and as such is believed to be consistent and in-line with sections outlined within the Brimbank Planning Scheme.

Section 21 – Municipal Strategic Statement Relevant to the proposal are specific directions in Sections 21.02:

Key Land Use Issues; 21.03: Council’s Strategic Vision; 21.04:

Strategic Land Use Vision; 21.05-2: Green Wedge Areas; 21.06-

1: Heritage; 21.07: Housing; 21.07.2: Housing Diversity; 21.07-4: Non-residential use in residential area; 21.08: Retailing and

Activity Centres; 21.08-1; 21.08-2: Retail Design; 21.08-3: Large format retailing and commercial development; 21.09: Industrial Land Use; 21.10: Transport; 21.11: Community and leisure

facilities; 21.11-3 Public Open Space and Sporting Facilities –

PPRZ and PUZ; 23.01 Relationship to planning policy framework 21.02:

Key Land Issues outline the issues that directly impact the

opportunity for future development within Brimbank (Brimbank,

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21.02, C105, 2015). These include: •

Natural Environment

o Brimbank has a unique landscape character formed

by the Victorian Volcanic Plain Bioregion.

o Contains grasslands and escarpment shrubland

vegetation (habitat for threatened species of

nationally and State listed fauna and flora

o Poor soils and strong winds o Low levels rainfall

o Creek and rivers (Maribyrnong River and Kororoit,

Jones, Jacksons, and Taylors Creeks).

Built Environment

o Quality of built environment, streetscapes, river

valleys and escarpments

o Providing public realm and sense of identity o Desired neighbourhood character

o Heritage on rural development and industrial

development of Albion and Sunshine dating back to 1900s.

Housing

o Pre-Ware and Post-War style dwellings

o Ageing population creating increased demand for

smaller dwellings

o Housing expected to go from 61,411 dwellings in

206 to 72, 570 dwelling in 2026

o No green field development sites remaining

o Population growth contained within infill medium to

higher density developments in activity centres,

general residential zones, and residential growth zones

Retailing and Activity Centres

o Sunshine National Employment Cluster

o Has a focus on retailing, employment, and

residential growth of regional and metropolitan

significance

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : o Large number of various activity centre types in

Brimbank

o Brimbank supports the 20 minute neighbourhood

objective of Plan Melbourne

Industrial Land Use

o Industrial areas

o 17-23 year supply of vacant land in Brimbank; will

result in approximately 7470 jobs in manufacturing, transport, logistics and distribution and wholesale trade sectors

o Opportunity to redevelop and refine industrial areas

Transport and Infrastructure

o Disconnected public transport system

o Public transport currently does not adequately

service whole of municipality

o Bus usage is higher than some neighbouring

municipalities

o Bus services have lagged behind the development

of new estates

o Reliance of personal vehicles

Community and leisure facilities

o State Government managed Brimbank Park and the

Organ Pipes National Park

o Significant amount of open space network of 243

reserves and 107 playgrounds within them

o Most parks are poorly developed

o Parks with low level of landscape and recreational

amenity

o Rivers and creeks are attractive feature, partially

developed

o Open space network will need to be improved to

provide equitable distribution of quality parks and playgrounds

(Brimbank, 21.02, C105, 2015)

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The precinct site proposal aims to create a connected network of reserves within PPRZ through connected and safe off-road and

on-road cycling trails and pedestrian friendly paths. Bus network

will be enhanced through higher frequency of bus services (every 10 minutes) and improved shelter for bus stops. Safer bus

interchanges will also encourage more uptake of buses. The demand for housing with an ageing population also, and the

desire for more diversity of housing types, means the proposal for LiveAble housing as a diverse, affordable, and inclusive solution to housing demand and households in vulnerable economic

positions is further justified. LiveAble housing developments are

all infill developments and medium density, as such, they satisfy the aforementioned requirements and desires of new housing developments within Brimbank. (Brimbank, 21.02, C105, 2015) 21.03:

The Council’s Strategic Vision comprises of Brimbank’s

Community Plan, Brimbank’s Council Plan, and the Local

Environmental Priority Statement (Brimbank, 21.03, C93, 2012). The precinct proposal addresses the need for community well-

being, sustainable environments and community engagement in decision making processes through the provision of a walkable network of open spaces, accessible bike trails and pedestrian paths, well developed infrastructure for parks, creeks and reserves, access to accessible and frequent bus services,

provision of solar panels and sustainable material application on the LiveAble housing developments and constant community

engagement to always be up-to-date with what the residents of the precinct want. 21.04:

The Strategic Land Use vision focusses on the transparency or development and planning to the community of Brimbank,

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : keeping them involved and informed (Brimbank, 21.04, C158, 2014). The key areas for land use outlined in 21.01 will be

monitored and negotiated on a regular basis with community members. The precinct site proposal engages often with

community members to discover their explicit and latent wants

and needs with regards to amenity, walkability, transport, housing standards, community events, social engagement, recreation,

safety, sustainability and living standards. This engagement is in the form of surveys, workshops, and partnerships. The

community voice will always be of utmost importance and priority to this precinct proposal. 21.05-2:

The Green Wedge Area for Brimbank outlines the area used recreational, horticultural, and low density residential uses

(Brimbank, 21.05, C93, 2012). There has been rising pressure to develop residential dwellings within these areas. This section

states that residential development on land outside the Urban Growth Boundary is outside the current state government

policies. Brimbank instead wishes to enhance the landscape,

cultural heritage, environmental and agricultural values of the Brimbank Green Wedge.

In line with Brimbank’s wants, the precinct proposal will be developed within the Urban Growth Boundary, promoting

conservation and maintenance of the existing flora and fauna.

Development will occur mainly on Residential Growth Zones and Mixed Use Zones, with moveable and impermanent furniture for outdoor dining and seating to be placed on PPRZ reserves. 21.06-1:

The Heritage section of the Brimbank Planning Scheme outlines that new development needs to be carefully managed to ensure the conservation and protection of heritage buildings and place (Brimbank, 21.06-1, C93, 2012).

Heritage overlays have been introduced to protect heritage assets as a recent initiative within the municipality. Education is the key

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to ensuring residents can respect and appreciate the heritage. The LiveAble housing developments will be using recycled brick

on the building envelope and faรงade, which will complement the industrial heritage of Brimbank and not compromise the

character. The proposed precinct will not encroach upon or

remove any heritage buildings or significant sites. The proposal is sensitive in nature and intends to fit as seamlessly as possible into the existing character and history of Brimbank. 21.07-1:

Residential Growth is a significant issue. Victoria in Future 2012 analysis by the State Government suggests that households are

expected to increase in excess of 19 138 households to the year 2015.

Currently there are no longer large scale Greenfield sites within municipality available for significant residential development.

Future development is likely to be in key strategic sites, surplus industrial areas and within activity centres. Urban heat island

effect is another consideration for increased intensification of

housing. Tree planting and green open spaces are recommended to reduce temperatures at the journey into the housing boom

continues. Home and Houses outlines preferred built form and design outcomes (Brimbank, 21.07, C188Pt1, 2018).

The proposed precinct focusses on enhancing the existing zones and upgrading them to Mixed Use and Residential Growth so as to provide feasible and incremental changes to the zoning. The

precinct is close to two activity centres (one neighbourhood and one major) so is a good candidate for the development of more housing within Brimbank.

21.07.2:

Housing diversity is a key focus area within Brimbank. Brimbank

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : currently has a large concentration of detached dwellings

consisting of three or more bedrooms (Brimbank, 21.07-2, C158, 2014).

The precinct proposal will contain LiveAble housing

developments providing affordable, accessible, and social homes to vulnerable households and all households. This affordability is due to the provision of two bedroom, three bedroom, four

bedroom, five bedroom and studio apartments, providing future

tenants with a wide range of housing choice. Most of the homes will be built to rent only, and on a regulated market rental.

Sustainable and low maintenance materials will be used for

construction, as well as modular and prefabrication construction techniques to ensure lowering the cost of the housing developments and ongoing costs related to housing. 21.07-4:

Non-residential uses in residential areas forms a key part of the precinct proposal and the LiveAble housing developments. This

section states that although residential zones are for residential development, residential land is also compatible for a variety of other uses (Brimbank, 21.07-4, C158, 2014).

The types of non-residential uses that could be incorporated into residential zones could be medical centres, convenience stores, schools, childcare centres, and service stations. It is outlined

clearly that non-residential uses need to be adequately managed to ensure appropriate and sensitive implementation into existing residential areas.

The precinct site proposal and LiveAble housing developments

will be within Residential Growth Zones and Mixed Used Zones, functioning under an amended DCPO with CLT provisions,

mandating a 1 in 3 provision of affordable (LiveAble) housing.

This planning legislation proposal will ensure appropriate ground floor public amenity for residential developments in the MUZ.

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21.08-1;

Activity Centres according to this section of the scheme should provide a safe physical environment, mix of business and

community recreational facilities, connections to walking, cycling and public transport and provision of high quality public spaces (Brimbank, 21.08-1, C179, 2016).

The nearby Neighbourhood Activity Centres at Cairnlea Town

Centre is close by to the proposed precinct site. This proposed

precinct will provide a mix of commercial, residential, retail, and

public amenity with fantastic, high functioning bus networks and cycling paths. 21.08-3:

This part of the scheme outlines the pressure placed on the

municipality to develop retail and commercial activities outside of Activity Centres. In response to this, the scheme states that large format retail and commercial uses/centres are recommended to be located as close as possible to these areas, as these areas have existing connections between activity centres and

surrounding neighbourhoods and are serviced by important and

significant transport options (Brimbank, 21.08-3, C93, 2012). The proposal site precinct is in line with this recommendation, as it

sits comfortably between the Brimbank Shopping Centre in the North and the Cairnlea Neighbourhood activity centre in the

South East. It has a lot of potential as outlined in aforementioned assessments. 21.10:

The Brimbank Planning scheme discusses the disconnected nature of the existing public transport system within the

municipality. It runs as a low frequency and does not adequately service its community. A key priority is to promote sustainable

transport options and improve the transport network. The current

walk and cycling network is disjoined and scattered. The scheme recommends that the Council will develop an integrated network to allow connections throughout the municipality and to other

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : areas of key interest. The VicRoads “Principle Bicycle Network”

and Brimbank’s Cycling and Walking Strategy 2008 run through the recommendations and strategies for improving these areas. The proposed precinct site will implement more connected offroad and on-road bike trail connections and pedestrian paths. It will also build more durable and weather protected bus shelter for bus stops, increase the bus frequency (every 10 minutes) and expand bus route connections so that they reach significant transport locations (i.e.. Ginifer Station and Deer Park V-Line station). 21.11-3:

Public Open space and sporting facilities within the scheme

outlines the demand from a diverse cultural population for a

versatile variety of recreation and sporting facilities (Brimbank,

21.11-3, C152, 2013). The council itself has a shortage of these larger sizes recreational and sporting fields, so the challenge posed by the scheme is the idea of creating multi-purpose

venues that meet community needs and encourage participation from the community.

The precinct proposal site creating a series of connected open green spaces through bike trails and pedestrian paths. The reserves themselves will facilitate for comfortable seating,

adequate shelter and weather protection, non-invasive sporting

facilities and equipment and permeable public realm always. The proposal does not aim to create large stadiums, but rather

implements smaller sporting facilities such as football posts,

soccer nets, maintenance of white outlines of various field types, park benches, pergolas, and pavilions occasionally for weather protection, bins, amongst much more.

Section 32 - Residential Relevant to the proposal are specific directions in Sections 32.04-2:

Permit not required; 32.04-4: Subdivision – Permit Required;

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32.04-6: Construction and Extension of 2 or more dwellings on a lot, Dwellings on common property, Residential Buildings Clause 54+55 Existing Strategies •

Neighbourhood Houses and Community Centres Strategy and Action Plan 2019-2024

Brimbank Neighbourhood Houses Strategic Partnership Agreement February 2018 – February 2021

Brimbank Activity Centre Strategy 2018

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : Current Zones within case study 20 minute neighbourhood Zones outline the specific land-uses of particular areas and may 'reflect existing patterns of land use or the new strategic land use direction for an area' [Richardson, K., Merner, B., 2013]. Neighbourhood Residential Schedule 1 [NRZ1] NRZ zones are constrained to “predominantly single and double storey residential development” [Brimbank, 32.09, 2018 VC148, p. 285]. As part of this the building height limit for this zone must not exceed 9 metres with no more than 2 storeys at any point [Brimbank, 32.0910, 2018 VC152, p. 292]. Due to NRZ building height limits and the need to ensure that “development respects the identified neighbourhood character, heritage, environmental or landscape characteristics” [Brimbank, 32.09, 2018 VC148, p. 285] there is no give to changing contexts as this type of zone sticks to the status quo. General Residential Schedule 1 [GRZ1] GRZ zones allow for slightly more Commercial 1 Zone Public Park & Recreational Zone Public Use Zone Education Proposed Zones within case study 20 minute neighbourhood Residential Growth Zone Mixed Use Zone Current Overlays within case study 20 minute neighbourhood Overlays enforce that particular areas of land require additional permit requirements, beyond that of any existing zone provisions [DELWP, 2015, Using Victoria's Planning System, Victoria State Government, [online], Available: https://www.planning.vic.gov.au/__data/assets/pdf_file/0017/9501

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2/Using-Victorias-Planning-System-2015.pdf, p. 11]. These additional requirements are in relation to subdivisions, buildings and works. Development Contribution Plan Overlay Development Plan Overlay Environmental Audit Overlay SCHEDULE 6 TO THE DEVELOPMENT PLAN OVERLAY Conditions and requirements for permits Any permit granted must include conditions or requirements for an agreement with the responsible authority under Section 173 under The Act of 1987 covering the arrangements for the provision and funding of infrastructure. (Brimbank, Schedule 6, VC37, 2006) Requirements for development plan The development plan must show: •

The proposed use of each part of the land.

A range of lot types and densities.

Provision for water, drainage, electricity, sewerage, and gas.

The pattern and location of a road system based on an ecologically sustainable and practical hierarchy of roads and connections between the proposed urban area and adjoining land.

Waterways, proposed retarding basins and floodways’, and the means by which these will be managed, and the water quality maintained.

Site of conservation, heritage and archaeological significance and the means by which they will be managed.

The staging and anticipated timing of development.

The provision of educational, civic and community facilities.

Open space facilities including pedestrian and cycle

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CAIRNLEA PARK LIVEABLE DEVELOPMENT STATEGY : networks. •

A range of lot sizes within the residential areas.

The design, building setbacks, building height, and building materials on areas along the Western Highway and the Western Ring Road.

Any landmark proposed for the site.

An overall landscaping plan, particularly in public open spaces areas highlighting the preservation of indigenous vegetation where possible.

(Brimbank, Schedule 6, VC37, 2006)

In considering the development plan, the responsible authority must consider: •

The impact on the significant environmental historic and archaeological features on the site.

Accessibility to and from the site.

Buffer distances between any industrial and residential uses.

Whether the location, bulk, outline and appearance of the building and works will be in keeping with the future character and appearance of the overall subject site. Whether the location, bulk, outline and appearance of the building or works will be in keeping with or enhance the site when viewed from the Western Highway and Western Ring Road.

The manner in which the Development Plan can proceed in the event that the owner of any land is not able or intending to develop. (Brimbank, Schedule 6, VC37, 2006) The Cairnlea Development Plan submission 1998 prepared by Hassell Pty Ltd. (Brimbank, Schedule 6, VC37, 2006)

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IMPLEMENTATION :

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• Whitzman, C., Giles-Corti, B., Lowe, M., Badland, H., Davern, M., Hes, D., Aye, L., Butterworth, I., 2012, Liveability Indicators: which will be most useful for integrated planning in the NWMR?, University of Melbourne, [online], Available: https://socialequity.unimelb.edu.au/__data/assets/ pdf_file/0006/1979574/Liveability-Indicators-report.pdf

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