ballarat planning scheme amendment c191

Planning and Environment Act 1987
BALLARAT PLANNING SCHEME
AMENDMENT C191
EXPLANATORY REPORT
Who is the planning authority?
This amendment has been prepared by Ballarat City Council which is the planning authority
for this amendment.
The amendment has been made at the request of Horizon Synergy Pty Ltd.
Land affected by the amendment
The amendment applies to CA 2050 Township of Ballarat East, St Pauls Way, Bakery Hill,
along with a 650 square metre strip of road reserve to the west of the allotment. The land
was previously associated with St Pauls Church which is located to the north-west of the site
and is zoned Public Use Zone 5 (Education).
What the amendment does
The amendment proposes to rezone CA 2050, Township of Ballarat East, from Public Use
Zone 5 (PUZ5) to Mixed Use Zone (MUZ), along with rezoning a strip of road reserve to the
west of the allotment from Commercial 1 Zone (C1Z) to Mixed Use Zone (MUZ) and
removing the Heritage Overlay Schedule 176 (HO176) from the road reserve.
Concurrent with the preparation of the planning scheme amendment is a planning permit
application, PLP/2014/829 relating to CA2050, Township of Ballarat East, St Pauls Way,
Bakery Hill, pursuant to section 96A of the Planning and Environment Act 1987. The
planning permit application is for a Six Lot Subdivision and Staged Development of Four
Multi Storey Residential Apartments, 19 Townhouses, Four Office and Retail Units with 2
associated Residential Apartments, Waiver of Carparking and Creation of Easement.
The land is currently vacant, with no former structure remaining and only a partial use for car
parking (approximately 40 spaces) at the north of the site, which are accessed off St Pauls
Way.
Strategic assessment of the amendment
Why is the amendment required?
The land is currently in a Public Use Zone, based on the site’s previous use as a school in
association with the neighbouring St Pauls Church to the west. The land was zoned Public
Use Zone Schedule 5 (PUZ5) through the introduction of the Ballarat Planning Scheme in
1998, on the basis that the land had been used for education and was still public land in the
same ownership.
The site is no longer used for this purpose and is now privately owned. The amendment is
therefore required to facilitate future use and redevelopment of the site to accommodate a
mixed use development in close proximity to the Ballarat CBD.
How does the amendment implement the objectives of planning in Victoria?
The objectives of planning in Victoria include:
• To provide for the fair, orderly, economic and sustainable use, and development of land;
• To secure a pleasant, efficient and safe working, living and recreational environment for
all Victorians and visitors to Victoria;
• To facilitate development in accordance with the objectives; and,
• To balance the present and future interests of all Victorians
The land is no longer used for education purposes, entailing that the vacant site is available
for redevelopment. On this basis, a number of assessments have been undertaken to
support the concept that the land would be more appropriately used for the provision of
housing and commercial property. The land would make a meaningful contribution to the
municipalities housing stock by providing CBD living, of which there is a shortage and indeed
a demand in Ballarat. The redevelopment would also provide commercial office space in the
city centre as well as opportunities for home working which will ultimately reduce reliance on
motor vehicles. Overall the proposed amendment would allow for the redevelopment of a
vacant lot which has the potential to make a hugely positive contribution to the working and
living environment of Ballarat’s Central Business District.
How does the amendment address any environmental, social and economic
effects?
The rezoning of the site to the Mixed Use Zone (MUZ) would enable new housing and jobs
growth in a mixed use area on the fringe of the Ballarat CBD. The development will provide
accommodation providing modern inner city living standards for future residents of Ballarat
CBD, something which is not readily available at present and for which little future provision
has been made to date. The development will also provide appropriate pedestrian and
bicycle links through the site, connecting the CBD with its fringes and increasing interaction
between populations and promoting social cohesion.
The housing and commercial development will provide potential for local employment and
reduce the reliance on car travel and lower the demand for city centre car parking by new
residents. The proposed office buildings with almost zero setback to St Pauls Way will also
help activate this streetscape and increase footfall.
The application of the heritage overlay (HO176) over the area of road reserve is anomalous
in that this parcel was not identified in the Ballarat Heritage Precincts - Statements of
Significance 2006 as being of importance individually or as part of the precinct. The parcel
also does not meet any of the recognised heritage criteria as set out in the Practice Note –
Applying the Heritage Overlay and therefore makes no contribution to the significance of the
Bridge Mall/Bakery Hill Heritage Precinct. The land does not form part of the St Paul’s Way
Church curtilage and this is reflected in the zoning, nor does it form part of any other
curtilage as the residential lots on Humffray St South back onto it. The removal of the
Heritage Overlay will therefore have a positive impact on the area of road reserve as it will
ensure the land does not become land-locked as there are currently no services to the land
or anyone to maintain it. This strip of land is the only part of the subject area with a Heritage
Overlay.
Advice from an Aboriginal Cultural Heritage expert has been submitted with the planning
permit application which concludes that the ground has been significantly disturbed in the
past and that it is highly unlikely aboriginal artefacts are present. The Wadawurrung RAP
has confirmed that they are in agreement with this conclusion and a full Cultural Heritage
Management Plan is not necessary.
Contaminated land, vegetation and drainage studies have been completed and the design
modified accordingly to ensure that that the proposed development will not result in
unacceptable environmental impacts.
Does the amendment address relevant bushfire risk?
The land is not identified as bushfire prone or within a Bushfire Management Overlay (BMO).
The site is within an urban area and is surrounded by roads and thoroughfares. It is
considered that fire risk is minimal and appropriate mechanisms can be incorporated at the
building permit stage to ensure residents and employees are safe from fire risk.
Does the amendment comply with the requirements of any Minister’s Direction
applicable to the amendment?
The combined amendment is consistent with the Ministerial Direction on the Form and
Content of Planning Schemes, and Direction No. 11 Strategic Assessment of Amendments
under Sections 7(5) and 12(2)(a) of the Planning and Environment Act 1987.
The combined amendment is consistent with the Ministerial Direction on the Form and
Content of Planning Schemes, and Direction No. 11 Strategic Assessment of Amendments
under Sections 7(5) and 12(2)(a) of the Planning and Environment Act 1987.
The amendment is consistent with the intent of Ministerial Direction No. 1 – Potentially
Contaminated Land. The proponent has submitted a proposed soil management plan that is
specific to the development sought to be assessed with the Planning Scheme amendment
under section 96A of the Planning and Environment Act 1987. The responsible authority is
satisfied with the use of a soil management plan, attached to title through an agreement, for
the specific development proposed under the permit application. In the event that the permit
is amended or not acted upon, a Section 173 agreement on title will secure a statutory
environmental audit in the event of a proposal for a sensitive use.
How does the amendment support or implement the State Planning Policy
Framework and any adopted State policy?
The amendment supports and implements the State Planning Policy Framework as follows:
Clause 11 (Settlement) states that planning is to facilitate sustainable development that
takes full advantage of existing settlement patterns, and investment in transport and
communication, water and sewerage and social facilities.
Clause 11.01-1 contains an objective that planning is to facilitate sustainable development
that takes full advantage of existing settlement patterns, and investment in transport and
communication, water and sewerage and social facilities.
Clause 11.01-2 contains an objective to encourage the concentration of major retail,
residential, commercial, administrative, entertainment and cultural developments into activity
centres which provide a variety of land uses and are highly accessible to the community.
Clause 11.06 (Central Highland regional growth) supports urban consolidation, particularly in
Ballarat’s Central Business District.
Clause 15 (Built Environment and Heritage) seeks to create urban environments that are
safe, functional and provide good quality environments with a sense of place and cultural
identity.
Clause 16.01-1 (Integrated Housing) promotes housing that meets community needs.
Strategies include facilitating increased yields in appropriate locations including underutilised urban land, ensuring there is the appropriate quantity, quality and type of housing,
ensuring housing is integrated with infrastructure and services and is water and energy
efficient.
The location of housing, Clause 16.01-2 contains an objective to locate housing with good
access to services and transport. Strategies include encouraging higher densities on sites
well located in relation to activity centres, employment and with good access to public
transport.
The provision of a wider choice of housing and higher housing density around activity
centres is also supported by Policy 16.01-4 (Housing diversity).
Clause 16.01-5 (Housing Affordability) is supported by the amendment in its aim to deliver
more affordable housing closer to jobs, transport and services.
Clause 17.01-1 (Business) is supported in that the application of the Mixed Use Zone at this
location will help encourage commercial facilities in an existing activity centre (Ballarat CBD).
How does the amendment support or implement the Local Planning Policy
Framework, and specifically the Municipal Strategic Statement?
The proposed amendment will help support the following objectives and strategies of the
Local Planning Policy Framework at clause 21.04-2 (Land Uses - Housing):
 To provide a wide range of housing choice, diversity, form and affordability, including
infill and multi-unit development.
 Provide residential land within a range of areas in order to provide for different
sectors of the housing market.
 Encourage a range of lot sizes and densities within new residential subdivisions.
 To promote and facilitate urban consolidation within the older, established areas of
Ballarat to maximise the use of existing resources and infrastructure.
 Promote residential development in areas with good access to major areas of
commercial activity, other residential development and leisure and recreation
activities.
Clause 21.04-2 Housing is addressed in the promotion and facilitation of urban consolidation
within the older, established areas of Ballarat by:
a) enabling a ‘brownfield’ development site that is less than 10 hectares in area and
surrounded by residential development to be redeveloped for housing without the need for a
residential land supply/demand analysis; and
b) facilitating residential development in an area with good access to major areas of
commercial activity, other residential development and leisure and recreation activities.
The proposed development will make a sizeable contribution to meeting future housing
demand within the municipality through the redevelopment of a site which is close to existing
services, infrastructure and amenities.
Clause 21.04-4.1 Activity Centre Hierarchy defines the Principle Activity Centre of Ballarat as
(among other things) the potential to grow and support intensive housing developments
without conflicting with surrounding land uses.
Clause 21.05 defines Built Form and Amenity for the City. The amendment protects and
enhances the quality and character of the City’s presentation by amending applicable
planning controls to ensure that future development upon the site is sympathetic and
responsive to the defined cultural and social heritage significance of the character of the
broader area.
The amendment will enable the re-use and development of the site which will achieve
positive social and economic effects on the area. Social and amenity impacts have been
taken into account throughout the design process and will enhance the sense of place
through:
 the provision of a well-designed mixed use development that increases security,
surveillance and creates opportunity for a diverse form of housing for future residents.
 Locating commercial and residential facilities within easy walking distance of district
open space, public transport and the CBD will create a number of positive social
impacts.
 Integrating with the existing community and neighbourhood through the provision of
new connections to the existing movement network and greater permeability of the
site.
While the amendment may facilitate development that differs from the lower-scale pattern of
surrounding commercial and residential development, the MSS supports in-fill development
fitting in with the existing valued character. Given the strategic location of the subject site, its
immediate context and infill island nature, and with the prospect of commercial zone
redevelopment abutting it, the planning approach which the amendment facilitates is
appropriate.
Clause 21.10 Reference Documents lists Making Ballarat Central – The CBD Strategy, 2011
which provides the context for many of the objectives and strategies of the Local Planning
Policy Framework. This document designates the site as Mixed Use (Residential and
Commercial) and encourages higher density residential development which would be made
possible by the Mixed Use Zone (MUZ). This amendment is wholly consistent with this intent.
Does the amendment make proper use of the Victoria Planning Provisions?
The amendment makes proper use of the Victoria Planning Provisions by using an
appropriate zone control to change the current Public Use Zone and Commercial 1 Zone that
apply to the land, to the Mixed Use Zone, along with the granting of a concurrent planning
permit. The use of the Mixed Use Zone is suitable for this part of the CBD, as it will enable
new housing and jobs growth in a mixed use area, whilst the planning permit will provide
guidance for the future development of the site which would involve providing housing at
higher densities.
How does the amendment address the views of any relevant agency?
The views of the local Catchment Management Authority (Corangamtie CMA); Department
of Environment, Land, Water and Planning; local servicing authorities; the Environment
Protection Authority; VicRoads; the Wadawurrung RAP; and the Country Fire Authority have
been sought and incorporated into the preparation of the combined amendment and
planning permit
Does the amendment address relevant requirements of the Transport
Integration Act 2010?
There will be minimal impact on the resources and administrative costs of the responsible
authority given the site specific nature of the amendment.
Resource and administrative costs

What impact will the new planning provisions have on the resource and
administrative costs of the responsible authority?
The amendment is not expected to place any substantial resource or administrative cost
burden on the responsible authority.
Where you may inspect this Amendment
The amendment is available for public inspection, free of charge, during office hours at the
following places:
City of Ballarat, Town Hall 225 Sturt Street, Ballarat Vic 3350; or
The City of Ballarat’s website at www.ballarat.vic.gov.au/haveyoursay
The Amendment can also be inspected free of charge at the Department of Environment,
Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.
Submissions
Any person who may be affected by the Amendment may make a submission to the planning
authority. Submissions about the Amendment must be received by Friday 1 May 2015.
A submission must be sent to:
Planning Strategy
City of Ballarat
PO Box 655
Ballarat VIC 3353
Or email to Planning Strategy at strategy@ballarat.vic.gov.au
Panel hearing dates
In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing
dates have been set for this amendment:

directions hearing: late in the week commencing 29 June 2015

panel hearing: week commencing 27 July 2015