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Please note that On 9 February 2023, Amendment C114 was approved by the Minister for Planning and the Hobsons Bay Planning Scheme has been updated accordingly.
The information provided below may have been amended or updated post exhibition of the Amendment.
Please refer to this link for the final approved amendment documents.
Where does Amendment C114 apply?
Amendment C114 relates to land at 5-7 Sutton Street, 9 and 9A Sutton Street and 41-59 Stephenson Street, South Kingsville.
This land is identified as the western half of ‘Precinct 16’ which is identified as industrial land with the potential to change to residential development within the Hobsons Bay Industrial Land Management Strategy (ILMS).
The area known as Precinct 16 East, to the east of Sutton Street, was rezoned in 2013.
What is proposed by Amendment C114?
Amendment C114 proposes to rezone land in South Kingsville from industrial to residential use to integrate with the surrounding residential area.
Amendment C114 proposes to introduce new planning controls that will ensure an orderly transition of the site from industrial to residential use.
Specifically, the amendment proposes the following changes to the Hobsons Bay Planning Scheme:
- Rezone land from Industrial 3 Zone (IN3Z) and part General Residential Zone to General Residential Zone - Schedule 4 (GRZ4) and Residential Growth Zone - Schedule 2 (RGZ2). This would allow up to three storey residential development across most of the site and six storey development to the north east corner.
- Apply a Development Plan Overlay - Schedule 2 (DPO2) which is a planning tool that sets requirements for the development of land.
- Apply an Environmental Audit Overlay (EAO) to areas not covered by an EAO as the site is former industrial land and any potential issues with contamination need to be addressed before any residential use occurs.
- Remove Heritage Overlay HO274 from part of 41-59 Stephenson Street as a permit was granted for demolition of buildings in 2011 which have now been removed.
- Amend Clause 53.01 to introduce a 5 per cent public open space contribution to ensure that the requirement for open space is met by the development.
What is a Development Plan Overlay?
A Development Plan Overlay (DPO) is a planning tool that ensures a coordinated and integrated development outcome is achieved on land that is in multiple ownerships.
The DPO requires that a Development Plan is prepared and approved by Council before planning permits are issued for development.
The DPO includes a high-level framework plan that outlines the preferred future road network and land use outcomes for the site.
The DPO also includes requirements for meeting urban design, traffic management, site remediation, affordable housing, noise attenuation and environmentally sustainable design objectives.
Click here to see proposed Development Plan Overlay – Schedule 2 (DPO2).
To ensure the community can understand what the development would look like under these proposed planning controls two development plans have also been provided for comment with Amendment C114. The approval of these development plans would follow a separate process to Amendment C114. Once approved, planning permits can be issued for development without further notice if they are generally aligned with the Development Plans.
Click here to find out more about the submitted Development Plans.
Why is there a planning permit for subdivision included with the amendment?
Two concurrent planning permit applications for subdivision have been submitted under section 96A of the Planning and Environment Act 1987 with this amendment.
Planning Permit PA1943532 and Planning Permit PA1943533 seek to subdivide land at 41-59 Stephenson Street and 9A Sutton Street to ensure title boundaries align with the future residential zoning boundaries.
Click here to view the draft planning permits and subdivision plans.
What new infrastructure will be triggered by the amendment?
The list of infrastructure items Council is seeking to be funded as part of this amendment include:
- traffic lights on the corner of Blackshaws Road and Sutton Street (please refer to draft plans here)
- works to underground powerlines on the western side of Sutton Street from Blackshaws Road to the train line
- works to re-construct the road and drainage in Sutton Street
- a contribution to affordable housing
Section 173 agreement
A section 173 agreement under the Planning and Environment Act 1987 is proposed to ensure that infrastructure triggered by the amendment is appropriately funded and delivered in a timely and equitable manner.
