The Minister for Planning has refused Amendment C245 to the Boroondara Planning Scheme.

About Amendment C245

Amendment C245 was prepared following Council’s Urban Planning Special Committee’s (UPSC) consideration of the Neighbourhood Character and Zone Review for Neighbourhood Character Precinct 74 (Precinct 74) on 21 March 2016. A copy of the report and minutes can be downloaded from the Council meetings and agenda page.

Amendment C245 sought to apply a new zone schedule to Neighbourhood Character Precinct 74 (Precinct 74). 

The new schedule 7 proposed variations to the following requirements of Clause 54 and 55:

  • Standard B13 - Landscaping - to require at least one canopy tree to be planted in each ground level private open space.
  • Standard A11 and B18 - Walls-on-boundary - to provide additional guidance on when it is appropriate to construct a wall on or within 200mm of a property boundary.
  • Standard A17 and B28 - Private open space - to increase the minimum dimensions for secluded private open space to 4 metres, and specify a minimum area for secluded private open space for ground floor apartments.

In addition to the variations to Clause 54 and 55 listed above, the adopted schedule also sought to retain the 9 metre mandatory height limit that currently applies to Precinct 74.

The Minister's decision

In his decision, the Minister cited conflicts with the Better Apartment Design Standards, reformed residential zones and the revised Ministerial Direction - The Form and Content of Planning Schemes as the basis for refusing the amendment.

The conflicts cited by the Minister resulted from the reforms to the residential zones that were introduced by the State Government in March 2017, after Amendment C245 had been prepared (March 2016) and adopted by Council (February 2017). 

In particular: 

  • The mandatory 9 metre height limit in the adopted zone schedule conflicts with the mandatory minimum height limit of 11 metres in the reformed GRZ. 
  • The variations to the private open space standards had not been considered with regard to the new mandatory minimum garden area requirement. The new mandatory minimum garden area requirement requires a minimum of 25% of the lot to be set aside as garden area.

Although the Minister’s decision not to introduce the ResCode variations is disappointing, it allows Council to retain the current zone schedule and its mandatory 9 metre height limit applying to Precinct 74.

Notwithstanding this, officers are currently in the process of reviewing all zone schedules in anticipation of the March 2020 timeline provided by the State Government to align our current zones with the reformed zone schedules.

More information

For more information contact Amanda Seymour, Senior Strategic Planner:

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