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Planning Law & Statutory Planning Assignment One Involves demonstrating a basic understanding of the way in which the planning scheme sets parameters for use and development on a site. 2000 words maximum. Lecturer: Dr Alan March
Hugh Utting 389 145 15 Union Street Brunswick, 3056, Victoria
Figure One: The property (Utting, 2014)
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Part One Site Address: 15 Union Street, Brunswick 3056. Lot and Plan Number: Lot 1 TP230956. Responsible Authority: City of Moreland. Council Property Number 6123. Planning Zone: Clause 32.04 Mixed Use Zone (MUZ) Figure Two: Location of Property. (Google Maps, 2014)
Current Land Use and Site Features 15 Union Street is a single story former industrial factory; classified as a Mixed Use-Zone it is presently occupied by retail store Records Paradise, which is one of Melbourne’s biggest independent record stores (Records Paradise, 2014). The building covers approximately 90% of the site, it includes rear parking on Little Gold Street, as illustrated in Figure Three. Figure Three: Street View of property (Utting, 2014)
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Figure Four: Rear Access of property (Utting, 2014)
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The site is uniquely positioned within a high frequency transport corridor; the property sits adjacent to the Upfield Line Jewell Street Railway Station, the dedicated Upfield Railway Line Bicycle Path and the Number 19 tram along Sydney Road. The area around the 15 Union Street marks a transition from the low density, residential neighborhood of Brunswick to its West, into busy high density, retail commercial strip of Sydney Road to the East. Figure Five: Street Jewell Station (Utting, 2014)
Figure Six: Union Street (Utting, 2014)
General Character of the Area Settled in 1839, Brunswick has traditionally been a “lower-socio economic, ethnically diverse working class suburb”, however, due to its proximity to the CBD and educational institutions it is experiencing Gentrification as a wave of new young professionals and students move into the area (Keating, 2005, p.75). There are a diverse range of plot styles and uses along Union Street; from single dwellings, medium-density terraces, high-density apartments and commercial food outlets. In the 2011 Australian Bureau of Statistics (ABS) Census Moreland Local Government Authority logged an estimated population of 147,244 (City of Moreland, 2014, the total population for Brunswick is 21,871 (City of Moreland, 2014). Brunswick is one of Melbourne’s most ethnically diverse suburbs, with 39.1% of its population born overseas; it is a cultural hub for the Greek, Italian and Lebanese communities (City of Moreland, 2014). Brunswick had been one of Melbourne’s major industrial areas, producing mostly “clothing, textiles and footwear” (Keating,2005, p.76). Due to the deindustrialization of the Australian economy in the 1980s manufacturing production in Brunswick has gradually declined as production moved offshore. New service sector industries including retail, education and health 3
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services have filled the vacuum left by the decline traditional manufacturing, wholesale retail activities. Brunswick’s has become one of Melbourne’s hippest suburbs as young residents are attracted to the new bars, restaurants and boutiques that litter the Sydney Road retail prescient, proximity to tertiary educational institutions (Coote, 2013). Whilst the LGA of Moreland has an ageing population (City of Moreland, 2014), the suburb of Brunswick has a higher proportion of young residents compared to Moreland LGA and Melbourne metropolitan average: with 45.5% residents aged between 18-34.
What surrounding uses and developments influence the existing potential use and development of the site? The LGA of Moreland and the suburb of Brunswick has been earmarked in Plan Melbourne as key locations to undergo densification through a mixture of medium and high density developments (Plan Melbourne, 2014, p.148). As illustrated in Figure Seven and Eight, there has been significant densification of the neighboring properties along Union Street, reflecting the property markets appetite for apartments in the area, which are close to public transport and the amenities of Sydney Road. The new developments have a set a prescient of multi-story residential developments along Union Street, which influence the development potential of the site. Figure Seven: Buffalo Apartments (Utting, 2014)
Figure Eight: RMIT apartments (Utting, 2014)
As illustrated in Figure Nine, 15 Union Street is situated next to the Jewell Station, which is being redeveloped as part of the Station Precinct Engagement Program include “a new “station forecourt with public seating, bike storage, lighting open areas and landscaping” (Napthine ,2014). Additionally, the Vic-Track owned land surrounding Jewell train station would be sold to developers for high-density mixed-use development. There is 4
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significant opportunity to redevelop the property of 15 Union in correlation or part of the combined Jewell Street Station Precinct upgrade. Whilst the site is presently a busy retail outlet for music lovers, it fails to attract the significant amount of daily commuters who past by the building. There are no cafes or retail stores situated adjacent to the Jewell Station, there is potential for the site to cater for this market.
Figure Nine: View of Jewell Railway Station precinct, where Vic Track land will be sold (Hastings, 2014)
Figure Ten: View of Jewell Railway Station precinct where land will be developed (Vic Track, 2014) Key: Yellow Box: Jewell Station Red Box: Potential Development Site Blue Box: 15 Union Street
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What physical and environmental elements are important in relation to the site setting? Physical Elements Adjacent to Upfield Rail line and Jewell Train station. Situated next to busy though fare of Union Road and bicycle path. 150 meters from Sydney Road strip. Close proximity to community amenities; eg health and education services. Surrounded by high-density and suburban housing.
Environmental Elements North Aspect facing. Eucalyptus trees situated front of property. Flat site topography. 100 Meters to Jewell Station park, to the south lies Royal Park, Princess Park and the Melbourne Zoo.
Part Two What are the planning provisions in the relevant planning scheme that apply to the site? Brunswick is located in the City of Moreland. The site is in a Mixed Use Zone and has a Environmental Audit Overlay.
State Planning Policy Framework Clause 11.01-1 Activity Centre Planning Clause 11.01-1 aims to encourage the development of major residential, retail and commercial functions within Activity Centres. Brunswick is one of the designated Activity Centres; 15 Union Street is ideally situated to both the Sydney Road and Jewell Station precinct that help make up the Brunswick zone. Clause 11.02-2 Planning For Growth Areas Clause 11.02-2 advocates for urban consolidation of under utilized sites that are near existing transport corridors and community amenities. Clause 11.04-1 City Structure Clause 11.04-1 advocates for the development of a polycentric metropolitan form. By encouraging development that increases the level of housing within Inner City Melbourne, therefore reducing pressure on suburban sprawl along the peri-urban fringe. 6
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Clause 16. Housing Clause 16 supports the development of affordable, sustainable housing that is near by existing infrastructure. Clause 16.01-2 advocates the development of new infill housing in the Inner City of Melbourne. Clause 16.01-3 encourages the strategic development sites of sites for high-density housing that are close; to transport corridors, activity centres and employment clusters. Clause 16.015 aim is to encourage the development of affordable housing. As the site is situated in Brunswick, which is a lower-socio economic area, if it site is to be redeveloped for housing that type and cost is affordable to local residents.
Local Planning Policy Framework Clause 22.02 Development within Designated Activity Centres and Urban Villages This policy encourages developments to occur near the existing neighborhood urban villages that dot the LGA of Moreland. The aspiration is to develop more sustainable and integrated communities. Clause 22.10 Neighborhood Character Ensures all development that occurs in the LGA of Moreland reflects the areas feel and atmosphere. All new commercial, residential or industrial developments must make sure that they are not negatively impacting on the feel of their area.
Planning Zone: Clause 32.04 Mixed Use Zone (MUZ) Clause 32.04 stipulates that a property classified as a Mixed Use Zone can be used for; residential, commercial, industrial or mixed-use function. Clause 32.04 encourages the development of high density housing on 15 Union Street, as long as the development respects the existing neighborhood character and is in agreement with the priorities stated in Neighborhood Character 68.
Figure Eleven: Planning Overlay for the Area, (DPCD,2014A) 15 Union Street is circled in Red,
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MUZ : Mixed Use Zone
PUZ4 : Public Use Transport:
R1Z : Residential Zone One
B1Z: Commercial One
PPRZ: Public Recreation
IN3Z: Industrial Three
Parks
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Schedule to Clause 32.04 Mixed Use Zone Clause 32.04-2 exempts the property from Clause 54 and Clause 55 requirements to do with the interaction of the property with the street; eg: Landscaping, front fence height and walls on the boundary. Furthermore it exempts the property from: • Clause 32.04-3 Maximum Building Height requirements • Clause 32.04-4 Exemption from notice and review • Clause 32.04-5 Application Requirements • Clause 32.04-6 Decision Guidelines.
Planning Overlays: Directly Impacting The Property Clause 45.03 Environmental Audit Overlay (EAO) The EAO endeavors to implement the visions of the State Planning Policy Framework, City of Moreland Planning Policy Framework, and Municipal Strategic Statement promote the densification of Melbourne. As 15 Union Street was formally used for industrial purposes that soil on the land may be contaminated. Therefore prior toe the site being developed, the EAO demands that before construction works on the site occur the land is tested for soil contamination; environmental audit must be issues in accordance with Part IXD of the Environment Protection Act 1970. Figure Twelve: Map of Environment Audit Overlay (DPCD,2014B) 8
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Planning Overlays: In The Vicinity, But Not Directly Affecting The Property Heritage Overlay (HO) Whilst the site is not heritage listed a number of the surrounding properties are; , the neighboring Federation houses along Little Gold Street, the Sydney Road retail strip, Upfield Railway line and Jewell Railway Station. It is unlikely that the surrounding heritage overlay would impact on the development of the site. Figure Thirteen: Map of Heritage Overlay surrounding the site (DPCD,2014C)
Public Acquisition Overlay (PAO)
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As illustrated in Figure Fourteen, the park adjacent to the Jewell Railway Station is categorized as a Public Acquisition Overlay 2. Figure Fourteen: Map of surrounding Public Acquisition Overlay (DPCD,2014D)
What are the likely range of uses and developments that the site could accommodate under the provision of the planning scheme Clause 32.04 stipulates that a property classified as a Mixed Use Zone can be used for; residential, commercial, industrial or mixed-use function. Clause 32.04 encourages the development of high density housing on Mixed Use Zone site, as long as the development respects the existing neighborhood character. There is significant encouragement within State and Local planning schemes to promote the construction of a high-density residential development on the 15 Union Street proximity to; public transport, employment clusters, existing service and amenities.
Part Three The planning scheme aims to provide an “orderly of management land uses and development” and provides a framework that is “fair, orderly, economic and sustainable” (City of Moreland, 2012, p.1). The principle legislation, which provides the framework for the planning process is the Planning and Environmental Act of 1987. The planning scheme endeavors to create outcomes that are consistent to what the State Government considers the “best” outcome for the site. It does not have the ability to stipulate precisely what the individual “best” outcome is for each site. Conversely, what is the “best” outcome is subjective to varying interpretations. 10
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The “best” use for a site is decided by the Responsible Authority, which in the majority of cases is the local council. The council and the planning scheme provide information and guidance that helps create the “best” use for the site. Decisions are made on applications using strict guidelines set out in the scheme. The planning scheme endeavors to streamline the application process to reduce paperwork and guesswork from the process (City of Moreland, 2012, p.1-3). This is achieved through pre-application meetings between the council and the applicant before the permit is submitted. The process can be followed online, the decision is based upon “ State and Local policy, Moreland City Plan, Municipal Strategic Statement, Land use zone controls, Development Overlays, provisions in the Moreland Scheme and consideration of issues raised in objections/ submissions” City of Moreland, 2012, p.4). The council can accept or reject permits in order to obtain the “best” use for the site. However, the Minister of Planning can and the VCAT (Victorian Civil and Administrative Tribunal) can overrule the decision. The planning scheme recognizes what is presently “desirable” for a site, but this tends to wax and wane overtime. The scheme is inflexible for conceptual or innovative ideas for the site that might actually advance the cause for development, but hinder the neighborhood character. The planning scheme can be amended to solve this outcome, but this process is time consuming and the desired outcome could not occur for a number of years. Finally, the planning scheme is reactive rather than proactive. Statutory planning can guide and help shape the desired outcome for a site, precinct or suburb. As it evident in the Jewell Station development, Plan Melbourne initiative to boost densification, but for the plans to occur it needs the market to system to deliver these outcomes. This does not always occur; therefore it is difficult to reach the “best” outcome for a site. Furthermore, the general public is resistant to change eg: NIMBY (Not In My Backyard) Safe Our Suburbs campaign. However, statutory planning is useful is helping cause particular outcomes becomes it can set the parameters for the use and development of a site.
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Reference List:
Coote, M, (2003). “The Melbourne Book , A history of now”. Hardie Grant Books, Melbourne. Department of Planning and Community Development A. (2014). “Map Moreland Planning Scheme- Local Provision. 2014. Viewed 26th April 2014.< http://planningschemes.dpcd.vic.gov.au/__data/assets/pdf_file/0008/174950/mor eland14zn.pdf>. Department of Planning and Community Development B. (2014). “Map Moreland Planning Scheme- Environmental Audit.”. 2014. Viewed 26th April 2014.< http://planningschemes.dpcd.vic.gov.au/__data/assets/pdf_file/0003/174945/mor eland14eao.pdf>. Department of Planning and Community Development C. (2014). “Map Moreland Planning Scheme- Heritage Overlay” . 2014. Viewed 26th April 2014 <http://planningschemes.dpcd.vic.gov.au/__data/assets/pdf_file/0004/174946/mo reland14ho.pdf>. Department of Planning and Community Development D. (2014). “Map Moreland Planning Scheme- Public Acquisition Overlay” . 2014. Viewed 26 th April 2014. < http://planningschemes.dpcd.vic.gov.au/__data/assets/pdf_file/0006/174948/mor eland14pao.pdf>. Google Maps. (2014). “Google Maps: Brunswick”. Published 2014. Viewed 26th April 2014. < https://www.google.com.au/maps/place/15+Union+St/@37.7742966,144.9585799,19z/data=!4m2!3m1! 1s0x6ad65cca9b070299:0x33c58df221218366>. Hastings, E (2014). “Premier Denis Napthine says developing near Jewell Railway Station will improve safety”. Herald Sun Online. Published 19 th March 2014. Viewed 1st April 2014. < http://www.heraldsun.com.au/leader/north/premier-denisnapthine-says-developing-land-near-jewell-railway-station-will-improvesafety/story-fnglenug-1226859049594> Keating, J. (2005).“Brunswick”, in Brown-May, A, Swain, S. “The Encyclopedia of Melbourne”, Cambridge University Press, Melbourne, pp. 75-77. Moreland City Council. (2014). “Suburb Profile: Brunswick”. Published 2014. Viewed 26th April 2014. < http://www.moreland.vic.gov.au/about-moreland/demographicsstatistics/suburb-profiles/brunswick.html>. Moreland City Council. (2012). “ Moreland A Guide For Applicants”. Moreland City Council. Melbourne. Pp. 1 -5. Moreland Planning Scheme. (2014). “Planning Scheme”. Moreland City Council. Melbourne. Pp. 1 -836. Mulder, T (2013). “Media Release: Jewell Station Precinct one step closer to being Brunswick’s gem”. Victorian Premiers Office. Published 20 th November 2013. Viewed 4th April 2014. <http://www.premier.vic.gov.au/images/stories/documents/mediareleases/2013/N ovember/131120_Mulder__Jewell_Station_Precinct_one_step_closer_to_being_Br unswicks_gem.pdf .>
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Napthine, D (2014). “Media Release: Station Precinct Engagement Program to deliver $1 billion investment”. Victorian Premiers Office. 18th March 2014. Pp. 1-2. Plan Melbourne. (2014). “Plan Melbourne: Metropolitan Strategy”. Victorian Government Melbourne. Melbourne. Pp.181. Records Paradise. (2014). “Records Paradise”. Records Paradise Online. 2014. Viewed 26th April 2014.< www.RecordsParadise.com.au.> Vic Track. (2014). “Vic Track Media Statement: Jewell Street Investigation Area”. Published 2014. Viewed 1st April 2014. < https://www.victrack.com.au/~/media/65ef7cc9b734463c913b48f72ef798d1.pdf>.
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