Amendment C161port Part 1 and 2 - Update amendment

This Amendment makes a series of updates and technical corrections to the Port Phillip Planning Scheme, including zoning and overlay mapping changes and changes to the heritage gradings of properties.

The purpose of this is to ensure the Port Phillip Planning Scheme is up to date.

The amendment also seeks to implement the findings of a number of heritage studies commissioned by Council.

Specifically, Amendment C161port proposes to:

Align zones to title boundaries

1. Amend Planning Scheme Maps 2, 3, 4, 6, 7, 8 and 9 to:

• Rezone part of 9 Charles Street, St Kilda from the Mixed Use Zone (MUZ) to the Neighbourhood Residential Zone - Schedule 1 (NRZ1).
• Rezone the following properties from the Commercial 1 Zone (C1Z) to the General Residential Zone - Schedule 1 (GRZ1):
• Part of 210-218 Dorcas Street, South Melbourne.
• Part of 31 and 31A Prentice Street, St Kilda East.
• Part of 36 Leslie Street, St Kilda East.
• Rezone the following properties from the General Residential Zone – Schedule 1 (GRZ1) to the Commercial 1 Zone (C1Z):
• Part of 248-250 Dorcas Street, South Melbourne.
• Part of 1/99 Carlisle Street, St Kilda.
• Part of 204-206 St Kilda Road, St Kilda.
• Rezone part of 350-370 Kings Way, South Melbourne from the Public Park and Recreation Zone (PPRZ) to the Public Use Zone 2 (PUZ2).
• Rezone part of 35 Lakeside Drive, Albert Park from the Public Use Zone 2 (PUZ2) to the Public Park and Recreation Zone (PPRZ).
• Rezone part of the Westgate Freeway, Port Melbourne (part of Citylink ramp near junction with Graham Street) from the Industrial 1 Zone to the Road Zone Category 1.
• Rezone part of 146 Dow Street, Port Melbourne from the Neighbourhood Residential Zone – Schedule 2 (NRZ2) to the General Residential Zone – Schedule 1 (GRZ1).

Align zones to land use

Rezone properties at 2, 4, 6 and 8 Milton Street, Elwood from the Commercial 1 Zone (C1Z) to the General Residential Zone (GRZ1).

Update heritage provisions

2. Update the Schedule to Clause 43.01 (schedule to the Heritage Overlay) and corresponding planning scheme maps 2HO, 3HO, 6HO, 7HO, 8HO, 9HO to:

• Apply new individual Heritage Overlays to the following properties:
• 110-118 Barkly Street, St Kilda, and 2-6 Blanche Street, St Kilda (HO507).
• 588-590 City Road, South Melbourne (HO509)
• 12 Marine Parade, St Kilda (HO510)
• 152-154 Mitford Street, Elwood (HO511)
• 58-60 Queens Road, Melbourne (HO512)
• Apply HO5 (St Kilda Hill Precinct) to an additional 3 properties (refer to Table C in the Explanatory Report).
• Apply HO7 (Elwood, St Kilda, Balaclava, Ripponlea Precinct) to an additional 17 properties (refer to Table C in the Explanatory Report).
• Extend HO260  (State School) to 161 Mitford Street, Elwood.
• Extend HO220 (Surrey Court) to all land at 71 Ormond Road, Elwood.
• Delete HO164 from the land bounded by Boundary Road, Munro Street, Ingles Street and Woodruff Street, apart from 164 Ingles Street and 14 Woodruff Street, Port Melbourne (refer to Table E in the Explanatory Report).
• Delete HO215 from the Rail over Road Bridge at Nightingale Street, Balaclava, remove HO7 from the Rail over Road bridge at Carlisle Street, Balaclava.
• Apply HO147 to the Rail over Road Bridges at Carlisle Street and Nightingale Street, Balaclava.
• Delete HO1 (Port Melbourne) from the rear of 146 Dow Street, Port Melbourne.
• Make corrections to the Schedule to the Heritage Overlay (Clause 43.01) for 15 heritage places (HO215, HO147, HO129, HO150, HO164, HO301, HO260, HO220, HO232, HO282, HO255) (refer to Table F in the Explanatory Report).

3. Update the Port Phillip Heritage Review (Incorporated Document) to:

• Introduce four new citations (refer to Table L in the Explanatory Report).
• Update 49 existing citations (refer to Table K in the Explanatory Report).

4. Update the incorporated City of Port Phillip Heritage Policy Map to show:

• 257 properties as a ‘Significant Heritage Place’ inside a Heritage Overlay grading (refer to Table G in the Explanatory Report).
• 17 properties as a ‘Contributory Heritage Place’ inside a Heritage Overlay grading (refer to Table H in the Explanatory Report).
• 25 properties as ‘Non-contributory Heritage Place’ inside a Heritage Overlay grading (refer to Table J in the Explanatory Report).

5. Update the City of Port Phillip Neighbourhood Character Map (Incorporated Document) to show:

• Five (5) additional properties as a ‘Contributory Heritage Place outside the Heritage Overlay’ grading (Refer to Table I in the Explanatory Report).
• One (1) property as ‘Non-contributory Heritage place outside the Heritage Overlay’ grading (refer to Table J in the Explanatory Report).
• Consequential changes to remove ‘Contributory Heritage Place outside the Heritage Overlay’ grading where properties are being regraded (refer to Tables B, C, G & H in the Explanatory Report).

6. Amend Clause 22.04 (Heritage Policy) to reference the following documents:

• Heritage Assessment, 588-590 City Rd, South Melbourne (Context Pty Ltd, May 2017).
• Heritage Assessment 2-6 Blanche Street and 110-118 Barkly Street, St Kilda (Context Pty Ltd, December 2017).
• 58 - 60 Queens Road, Melbourne Heritage Assessment (Peter Andrew Barrett, November 2017).
• Port Phillip Heritage Review Update (David Helms Heritage Planning, February 2019).

7. Make consequential changes to Clauses 21.07 (Incorporated Documents), Clause 22.04 (Heritage Policy) and the schedule to Clause 72.04 (Documents incorporated in this scheme) to update the version number and date of the Port Phillip Heritage Review (including the City of Port Phillip Heritage Policy Map and the City of Port Phillip Neighbourhood Character Map).

On Wednesday 16 June 2021 Councillors considered the planning Panel's recommendations and whether to adopt Amendment C161port Part 2.

The Councillors voted in favour of the officers recommendation that Council:

• Adopts Amendment C161port Part 2 to the Port Phillip Planning Scheme, pursuant to Section 29 of the Planning and Environment Act 1987 (the Act), with the changes reflected in the amendment documentation provided at Attachment 3 to the Council report.
• Authorises the Chief Executive Officer (or delegate) to finalise the amendment documentation for Ministerial approval.
• Submits the adopted Amendment C161port Part 2 documentation, together with the prescribed information, to the Minister for Planning for approval, pursuant to Section 31 of the Act.
• Advises the Minister for Planning that Council accepts all the Panel’s recommendations (apart from recommendation 1b) for the reasons outlined in Section 4 of this report.
• Writes to all the submitters to Amendment C161port Part 2 to advise them of Council’s decision.
• Writes to Heritage Victoria and asks them to assign a new Heritage Overlay number to the Former Royal Australian Corps of Signals Drill Hall at Albert Road Drive, Albert Park (currently HO489), and amend the property address to ‘29A Albert Road Drive, Albert Park’ in their next ‘fix-up’ amendment. 

The Council report, which outlines the Council officer's recommendations in relation to each of the Panel's recommendations and was considered at the Council meeting can be viewed here.

Amendment C161port Part 2 has now been submitted to the Minister for Planning for final approval. 

Due to COVID-19 and the associated physical distancing requirements, the Hearing for Amendment C161port Part 2 took place via video conference from 27 January to 1 February 2021.

The Panel considered all written submissions received to the Amendment, including verbal submissions made during the Panel Hearing.

The Panel Report is available to view here.  

As part of the Panel process Council called upon an independent heritage expert, Natica Schmeder of Landmark Heritage, to undertake a review of all three heritage reports being considered by the panel. Ms Schmeder's expert witness statement is available to view here.

A number of submitters also called on expert witnesses to give evidence. Their statements are provided below.

• Expert Witness Statement by Anthony Hemingway in relation to 58-60 Queens Road, Melbourne can be found here.
• Expert Witness Statement by Bryce Raworth in relation to 207 Little Page Street, Middle Park can be found here.
• Expert Witness Statement by Bryce Raworth in relation to 335 Ferrars Street, South Melbourne can be found here.
• Expert Witness Statement by Robyn Riddett in relation to the Cosmopolitan Hotel (5 and 9 Havelock Street, St Kilda) can be found here.

Overall, the Panel recommends that Council adopt Amendment C161port Part 2 as exhibited, subject to changes.

At the Council meeting on Wednesday 16th September 2020 Councillors voted in favour of the Council Officer’s recommendation to:

• Split the Amendment into Amendment C161port Part 1 and Part 2
• Adopt Amendment C161port Part 1, so that these changes can proceed to the Planning Minister for final approval
• Refer Amendment C161port Part 2 to an independent planning panel for consideration

Council officers recommended Amendment C161port be split into two parts to enable the processing of Amendment C161port to continue in the most timely and efficient manner.

The splitting of an Amendment in the manner proposed is allowable under Section 29 of the Planning and Environment Act 1987 and is appropriate for an Amendment such as this, which proposes numerous changes that do not necessarily relate to each other.

• Amendment C161port - Part 1 – Includes the proposed planning scheme changes and underlying strategic work where no submission has been made and where submissions have been made in support (and no objections). Part 1 is recommended for adoption.
• Amendment C161port – Part 2 – Includes all changes and underlying strategic work that is subject to unresolved objecting submissions. Submissions related to Part 2 are recommended to be referred to a Planning Panel.

Note: There are some proposed planning scheme changes that have received support through the exhibition process, or whereby Council officers are recommending changes that seek to resolve the concerns of the submitter. However, where those proposals are supported by the same underlying strategic work as proposals that have been objected to, they will need to be referred to a Panel for consideration.

Amendment C161port has been approved by the Minister for Planning. It:

• Introduces a new site-specific heritage overlay (HO509) and associated controls (including new Citation and Statement of Significance incorporated documents) to 588-590 City Road, South Melbourne.
• Rezones part of 9 Charles Street, St Kilda from the Mixed Use Zone (MUZ) to the Neighbourhood Residential Zone - Schedule 1 (NRZ1).
• Rezones the following properties from the Commercial 1 Zone (C1Z) to the General Residential Zone - Schedule 1 (GRZ1):
  • Part of 31 and 31A Prentice Street, St Kilda East.
  • Part of 36 Leslie Street, St Kilda East.
• Rezones the following properties from the General Residential Zone – Schedule 1 (GRZ1) to the Commercial 1 Zone (C1Z):
  • Part of 248-250 Dorcas Street, South Melbourne.
  • Part of 1/99 Carlisle Street, St Kilda.
  • Part of 204-206 St Kilda Road, St Kilda.
• Rezones part of the Westgate Freeway, Port Melbourne (part of Citylink ramp near junction with Graham Street) from the Industrial 1 Zone to the Road Zone Category 1.

Submissions to form part of Amendment C161port - Part 1

Submission in support relating to site-specific proposals for the following properties:

• 2, 4, 6, 8 Milton Street, Elwood (Submission 97)

The Amendment C161port Part 1 documentation submitted to the Planning Minister for approval can be found here. This was provided as attachment 3 to the Council report prepared by officers for consideration at the September 16 2020 Council meeting.

Amendment C161port - Part 2 has been referred to a Planning Panel and includes the following proposed planning scheme changes:

• Proposed rezoning of:
  • 210-218 Dorcas Street, South Melbourne from Commercial 1 Zone to General Residential Zone – Schedule 1 (Objecting submission received).
  • 146 Dow Street, Port Melbourne (Relates to objecting submission).
  • Rezone part of 350-370 Kings Way, South Melbourne from the Public Park and Recreation Zone (PPRZ) to the Public Use Zone 2 (PUZ2) (Relates to objecting submission)
  • Rezone part of 35 Lakeside Drive, Albert Park from the Public Use Zone 2 (PUZ2) to the Public Park and Recreation Zone (PPRZ) (Relates to objecting submission).
• Proposed new heritage overlays to:
  • 58-60 Queens Road, Melbourne (Supporting and objecting submissions received)
  • 110-118 Barkly Street, St Kilda, and 2-6 Blanche Street, St Kilda (Objecting submission received)
• All planning scheme changes proposed to implement the Port Phillip Heritage Review Update (David Helms Heritage Planning, 2019). Those with submissions are outlined below:
  • Proposed new heritage overlay to:
  • 152-154 Mitford Street, Elwood (Objecting submissions received)
  • 12 Marine Parade, St Kilda (Supporting submissions received)
  • Changes to the heritage overlay and associated heritage controls affecting 14 Woodruff Street and 289 Ingles Street, Port Melbourne (Objecting submission received)
  • Changes to the heritage overlay and associated heritage controls affecting Elwood Primary School, Middle Park Primary School, South Melbourne Park Primary School and MacRobertson Girls’ High School (Objecting submission)
  • Extending Heritage Overlay 5 to 96 Grey Street, St Kilda (Objecting submission received)
  • Extending Heritage Overlay 7 to 41, 43, 45, 47, 51, 53, 55 and 57 Dickens Street, Elwood (Supporting submissions received)
  • Proposed changes to the heritage grading of the following properties that are already within the heritage overlay:
  • 61 Farrell Street, Port Melbourne (Objecting submission received)
  • 10-18 Jacka Boulevard (St Kilda Sea Baths) (Objecting submission received)
  • 273 Bridge Street South Melbourne (Objecting submission received)
  • 9 Maryville Ripponlea (Objecting submission received)
  • 2 Carlisle Street and 3, 5 and 9 Havelock Street, St Kilda (Cosmopolitan Hotel site) (Objecting submission received)
  • 137-139 Fitzroy Street, St Kilda (Objecting submission received)
  • 341 Ferrars Street, South Melbourne (Changes recommended to resolve submitters concerns)
  • 355 Ferrars Street, South Melbourne (Changes recommended to resolve submitters concerns)
  • 146 Dow Street, Port Melbourne (Changes recommended to resolve submitters concerns)
  • 293 The Boulevard, Port Melbourne (Changes recommended to resolve submitters concerns)
  • 207 Little Page Street, Middle Park (Supporting submissions received)
    
    

Submissions to form part of Amendment C161port – Part 2

Submissions in support relating to site-specific proposals for the following properties: 

• 58-60 Queens Road, Melbourne (Submissions 6-9, 11, 12, 14-32, 34-51, 54-65, 67-92, 94-96, 98-107, 110-113, 115-118, 120-122, 126, 128, 134, 137-140, 144-150)
• 45 and 47 Dickens Street, Elwood (Submission 2)
• 45, 47 and 49 Dickens Street, Elwood (Submission 4)
• 47 Dickens Street, Elwood (Submission 5)
• 47 Dickens Street, Elwood (submission 33)
• 207 Little Page Street, Middle Park (Submissions 13, 130)
• 12 Marine Parade, St Kilda (Edgewater towers) (Submissions 25, 52 and 53)
• 210-218 Dorcas Street, South Melbourne (Submission 135) 

Submissions with objections and requesting site-specific changes related to the following properties: 

• 146 Dow Street, Port Melbourne (Submission 1)
• 58-60 Queens Road, Melbourne (Submissions 3, 10 and 132)
• 335 Ferrars Street, South Melbourne (Submission 66)
• 61 Farrell Street, Port Melbourne (Submission 93)
• 10-18 Jacka Boulevard, St Kilda (St Kilda Sea Baths) (Submission 108)
• 273 Bridge Street, South Melbourne (Submission 109)
• 9 Maryville Street, Ripponlea (Submission 114)
• 341 Ferrars Street, South Melbourne (Submission 123)
• 14 Woodruff Street, Port Melbourne (submission 124)
• 154 Mitford Street, Elwood (Submission 125)
• 152 Mitford Street, Elwood (Submission 129)
• 2 Carlisle Street, St Kilda 3, 5 and 9 Havelock Street, St Kilda (Cosmopolitan Hotel) (Submission 131)
• 137-139 Fitzroy Street, St Kilda (Submission 133)
• 118 Barkly Street and 2A Blanche Street, St Kilda (submission 141)
• Various schools – Victorian School Building Authority (Submission 142)
• 96 Grey Street, St Kilda (Submission 143)

Exhibition documentation

Amendment C161port was exhibited from 24 June 2020 to 25 July 2020. In response to the exhibition Council received 151 submissions.

Administration documents

• Explanatory Report (PDF 352 KB)
• Instruction Sheet (PDF 120 KB)
• Notice of Amendment (PDF 94 KB)
• List of affected properties (PDF 440 KB)

Changes to the planning scheme

• Clause 21.07 Incorporated Documents (PDF 102 KB)
• Clause 22.04 Heritage Policy (PDF 283 KB)
• Schedule to Clause 43.01 Heritage Overlay (PDF 501 KB)
• Schedule to Clause 72.04 Documents incorporated in this scheme (PDF 135 KB)
• Proposed Zone and Overlay map changes (PDF 2,221 KB)

Changes to incorporated documents

• Port Phillip Heritage Review extract, June 2020 – Volume 1 (PDF 1,244 KB)
• Port Phillip Heritage Review extract, June 2020 – Volume 2-6 - New citations (PDF 804 KB)
• Proposed Statement of Significance 110-118 Barkly Street and 2-6 Blanche Street, St Kilda 'Houses' June 2020 (PDF 317 KB)
• Proposed Statement of Significance 12 Marine Parade, St Kilda 'Edgewater Towers' June 2020 (PDF 305 KB)
• Proposed Statement of Significance 152 and 154 Mitford Street, Elwood 'Duplex Houses' June 2020 (PDF 344 KB)
• Proposed Statement of Significance 58-60 Queens Road, Melbourne 'Glen Eagles, Kinross and Kinfauns' June 2020 (PDF 294 KB)
• Proposed Statement of Significance 588-590 City Road, South Melbourne 'Shops and Residences' June 2020 (PDF 303 KB)
• Port Phillip Heritage Review extract, June 2020 – Volume 2-6 - Revised citations (PDF 9,778 KB)
• Proposed City of Port Phillip Heritage Policy Map - June 2020 (PDF 23,078 KB)
• Proposed City of Port Phillip Neighbourhood Character Map - June 2020 (PDF 19,674 KB)

Background Documents

• Heritage Assessment, 588-590 City Rd, South Melbourne (Context Pty Ltd, May 2017) (PDF 481 KB)
• Heritage Assessment 2-6 Blanche Street and 110-118 Barkly Street, St Kilda (Context Pty Ltd, December 2017) (PDF 3.3 MB)
• 58, 59 & 60 Queens Road, Melbourne Heritage Assessment (Peter Andrew Barrett, November 2017) (PDF 847 KB)

Port Phillip Heritage Review Update (David Helms Heritage Planning, February 2019) (PDF 21 MB)

Fact sheet

• Fact Sheet (PDF 1,345 KB).

Why is the amendment required?

The amendment is required to give effect to a series of updates and technical corrections to the Port Phillip Planning Scheme, to remove redundant provisions and to ensure the Scheme remains current and provides a clear basis for decision making. To that effect, the amendment proposes to:

• update and align zoning boundaries to title boundaries to ensure clear and consistent planning scheme provisions
• correct an historic zoning anomaly where houses of heritage significance and in a predominantly residential area are located within the Commercial 1 Zone.

The amendment will also give effect to the findings of the Port Phillip Heritage Review Update (David Helms Heritage Planning, February 2019) which reviewed a list of anomalies and outdated heritage provisions identified by Council officers and members of the community over a period of time. The Amendment will respond to these findings and address a number of heritage gaps identified by the study by:

• applying the Heritage Overlay to identified properties found to be significant
• removing the Heritage Overlay from select properties following redevelopment
• changing the grading of identified properties found to be significant, contributory or of no significance
• updating or introducing new citations for places of heritage significance
• making minor corrections to existing significant places in the schedule to the Heritage Overlay (Clause 43.01)
• introducing new Statements of Significance for proposed new heritage places in the schedule to Clause 43.01 and the schedule to Clause 72.04.

The amendment will also give statutory effect to the findings of the following reports:

• Heritage Assessment, 588-590 City Rd, South Melbourne (Context Pty Ltd, May 2017).
• Heritage Assessment, 2-6 Blanche Street and 110-118 Barkly Street, St Kilda (Context Pty Ltd, December 2017).
• Heritage Assessment, 58 - 60 Queens Road, Melbourne (Peter Andrew Barrett, November 2017).
• Port Phillip Heritage Review Update (David Helms Heritage Planning, February 2019).

New and updated heritage places have been assessed in accordance with the Burra Charter, Heritage Victoria guidelines and the Planning Practice Note 1: Applying the Heritage Overlay.

Justification for the specific changes proposed are described in detail in the tables of the explanatory report and the background reports.

What is a Planning Scheme Amendment?

Planning Schemes are documents used to control the use and development of land in an area. All councils in Victoria have their own planning schemes. To add or change a provision in the planning scheme, councils must make a planning scheme amendment, which must be approved by the Minister for Planning.

The Planning and Environment Act 1987 (The Act) sets out the planning scheme amendment process. The process involves six key steps.

What is a Heritage Overlay?

Places of heritage significance to a local area can be protected by a Heritage Overlay. The Heritage Overlay means that a planning permit is needed for buildings and works like new developments or additions to existing buildings. The overlay ensures that the heritage significance of both these buildings and the wider precinct is respected.

Local heritage places are listed in a schedule to the Heritage Overlay in the planning scheme. Places may be individually listed, or may form part of a heritage precinct.  Places listed in the schedule to the heritage overlay are also shown on the planning scheme map.

Under the Heritage Overlay, a planning permit is required from the council to:

• subdivide land
• demolish or remove a building (including part of a building)
• construct a building (including part of a building or a fence)
• externally alter a building
• construct or carry out works
• construct or display a sign
• externally paint an unpainted surface
• externally paint a building if the painting constitutes an advertisement.

Check the schedule to find out if other controls apply to your property; sometimes external paint controls, internal alteration controls and control over trees also apply.

The Heritage Overlay doesn’t always cover your whole property. Look at the planning scheme maps to find out where the overlay applies. We also recommend that property owners and developers discuss proposals with council before committing to a project.

What are the different heritage gradings and what do they mean?

Significant heritage places include buildings and surrounds that are individually important places of either State, regional or local heritage significance or are places that together within an identified area, are part of the significance of a Heritage Overlay. These places are included in a Heritage Overlay either as an area or as an individually listed heritage place and are coloured 'red' on the City of Port Phillip Heritage Policy Map.

Contributory heritage places include buildings and surrounds that are representative heritage places of local significance which contribute to the significance of the Heritage Overlay area. They may have been considerably altered but have the potential to be conserved. They are included in a Heritage Overlay and are coloured 'green' on the City of Port Phillip Heritage Policy Map.

Non-contributory or Nil properties are buildings that are neither significant nor contributory. They are included in a Heritage Overlay and have no colour on the City of Port Phillip Heritage Policy Map. However any new development on these sites may impact on the significance of the Heritage Overlay, and should therefore consider the heritage characteristics of any adjoining heritage place and the streetscape as covered in this policy.

What is the amendment process and when will amendment C161port be finalised?

The graphic on the first page of the amendment Fact Sheet (PDF 1,345 KB) sets out the relevant steps and likely timeframe that each step will be completed.