Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Planning and Environment Act 1987 Panel Report Casey Planning Scheme Amendment C204 Cranbourne Town Centre 6 June 2018

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Planning and Environment Act 1987 Panel Report pursuant to section 25 of the Act Casey Planning Scheme Amendment C204 Cranbourne Town Centre 6 June 2018 Michael Ballock, Chair Debra Butcher, Member

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Contents Page 1 Introduction . . 1 1.1 The Amendment . 1 1.2 Panel process . 4 1.3 Background to the proposal . 4 1.4 Summary of issues raised in submissions .

5 1.5 Issues dealt with in this Report . 6 2 Planning context . . 7 2.1 Policy framework . 7 2.2 Planning strategies or policies . 7 2.3 Planning scheme provisions . 8 2.4 Ministerial Directions and Practice Notes . 8 2.5 Discussion and conclusions . 9 3 Key planning issues . . 10 3.1 Precinct 6: Residential Intensification . 10 3.2 Precinct 9: Cranbourne Racecourse, Entertainment and Tourism . 13 3.3 Bakewell Street . 15 3.4 Transport for Victoria issues . 17 3.5 236 South Gippsland Highway . 19 3.6 Recommendations . 21 4 Other matters . . 22 4.1 Cranbourne Gardens (Royal Botanic Gardens Victoria .

22 4.2 Mapping changes and corrections . 22 4.3 Recommendations . 23 Appendix A Document list Appendix B Panel recommended version of ACZ Schedule 1 List of Tables Page Table 1 Parties to the Panel Hearing . 4 List of Figures Page Figure 1 The subject land . 2 Figure 2 Precinct 6 . 3

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 List of Abbreviations 2011 Plan Cranbourne Town Centre Plan 2011 ACZ Activity Centre Zone Complex Plan Casey Complex Structure Plan 2011 DELWP Department of Environment, Land, Water and Planning EAO Environmental Audit Overlay EPA Environment Protection Authority GRZ General Residential Zone Housing Strategy City of Casey Housing Strategy 2017 RGZ Residential Growth Zone Shopping Centre Cranbourne Park Shopping Centre Structure Plan Cranbourne Town Centre Structure Plan 2017 UDF Cranbourne High Street Urban Design Framework 2011 VPP Victoria Planning Provisions

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Overview Amendment summary The Amendment Casey Planning Scheme Amendment C204 Common name Cranbourne Town Centre Brief description Amendment C204 proposes to amend Schedule 1 to Clause 37.08 (Activity Centre Zone) so that residential areas controls are similar to other residential growth areas. Subject land Cranbourne Town Centre The Proponent City of Casey Planning Authority City of Casey Authorisation By letter dated 14 September 2017 Exhibition 2 November to 5 December 2017 Submissions Number of Submissions: 10 Opposed: 7 - South East Water - Department of Education and Training - APA Group - Justin Pellissier - Graeme Dickson Pty Ltd on behalf of Vicinity Centres - Environment Protection Authority - Royal Botanic Gardens Victoria - Multifield Construction - Transport for Victoria - Best Hooper Lawyers on behalf of ALDI Stores Ltd Panel process The Panel Michael Ballock (Chair), Debra Butcher Directions Hearing City of Casey Municipal Offices 9 April 2018 Panel Hearing Balla Balla Community Centre, Cranbourne East, 7 May 2018 Site inspections Unaccompanied, 9 April 2018 Appearances Refer to Table 1 Citation Casey Planning Scheme PSA C204 [2018] PPV Date of this Report 6 June 2018

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Executive summary (i) Summary Casey Planning Scheme Amendment C204 (the Amendment) seeks to amend the provisions of the Activity Centre Zone Schedule 1 (ACZ1), in accordance with the Cranbourne Town Centre Structure Plan 2017 (the Structure Plan), so that the residential areas within the Town Centre function in a similar way to other residential growth areas in Casey. These residential areas have been identified as being suitable for more intense residential development, given their “in-centre” location in the Structure Plan and City of Casey Housing Strategy 2017 (the Housing Strategy).

The Amendment includes these areas within ‘Precinct 6: Residential Intensification’ (Precinct 6) of the ACZ1, with heights and setbacks that reflect the provisions of the Residential Growth Zone. The Amendment also proposes consequential changes to the associated local area policies for Cranbourne and Cranbourne East and the Industrial Development Policy in the Local Planning Policy Framework. The Amendment proposes a series of changes to correct zoning and overlay anomalies, fix some minor mapping errors in the ACZ1 and the Structure Plan and fix some grammatical and formatting errors.

The Amendment was prepared following a review of the ACZ1 in mid-2016 which took place as a result of Council identifying some difficulties in administering the ACZ1, particularly for residential development in Precinct 6, largely as a result of the translation of precinct objectives, requirements and guidelines from an earlier version of the Structure Plan into the ACZ1. Submitters were generally supportive of the broader objectives of the Amendment, however had concerns about some of the details of the proposed changes. Particular issues raised by submitters included: • the designation of high density housing adjoining Cranbourne Park Shopping Centre and the need for consideration to be given to ‘reverse onus’ controls being applied to new residential development • concern about some of the commercial land uses that are proposed to be either ‘as of right’ or permissible in Precinct 6 • amenity impacts and the appropriateness of uses which the ACZ1 allows in ‘Precinct 9 Cranbourne Racecourse Tourism & Entertainment’ (Precinct 9) • the proposed open space area generally located at the intersection of High Street and Bakewell Street and concerns about the accompanying need to close off Bakewell Street • lack of guidelines or objectives to address the development around Cranbourne Station as well as the provision of pedestrian and cycling links throughout the Town Centre • the application of the EAO to the eastern portion of 236 South Gippsland Highway which is proposed to be included in the ACZ1.

The Panel has considered all submissions, including those by submitters who did not appear at the Hearing. The Panel concludes that the Amendment is strategically justified and provides

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 an appropriate planning framework for the residential intensification areas in the Cranbourne Town Centre, subject to the changes outlined in this report. (ii) Recommendations Based on the reasons set out in this Report, the Panel recommends that Casey Planning Scheme Amendment C204 be adopted as exhibited subject to the following: Apply the Environmental Audit Overlay to the eastern portion of 236 South Gippsland Highway, Cranbourne.

Replace the exhibited version of the Activity Centre Zone Schedule 1 with by the Panel preferred version included at Appendix B.

Replace the exhibited Clauses 21.15, 21.16 and 22.03 with the versions submitted in Document 1 as Attachment I. Amend the exhibited Cranbourne Town Centre Structure Plan 2017 with the following additional changes: a) amend the Precinct Objectives in Section 9.5 by replacing Objective 2 with the following objectives: • to investigate the potential to close off Bakewell Street to through traffic • to establish a central public space on Bakewell Street opposite to and connected with Greg Clydesdale Square • to ensure the closure of Bakewell Street results in a net community benefit for the Activity Centre.

b) Amend ‘Guidelines’ in Section 9.6, by replacing Guideline No. 7 with the following: • New residential development should include acoustic protection from nearby industrial and commercial uses so that emissions of noise from existing industrial and commercial uses comply with State Environment Protection Policy (Control of Noise form Commerce, Industry and Trade) No. N-1 (SEPP N-1)’.

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 1 of 25 Introduction 1.1 The Amendment (i) Amendment description Casey Planning Scheme Amendment C204 (The Amendment) proposes to amend the provisions of the ACZ1 in accordance with the Structure Plan so that areas identified as primarily residential have been included within Precinct 6 of the Activity Centre Zone Schedule 1 (ACZ1) and the heights and setbacks have been amended to reflect the intent of the Residential Growth Zone (RGZ).

These are areas which have been identified as being suitable for more intense residential development, given their “in-centre” location in the Structure Plan and the Housing Strategy. Consequential changes have been made to the associated local area policies for Cranbourne and Cranbourne East and the Industrial Development Policy in the Local Planning Policy Framework.

The Amendment proposes to make the following changes to the Casey Planning Scheme: • amend Clause 21.15 Cranbourne to remove reference to commercial zones in the Cranbourne Town Centre and correct the reference to the Structure Plan • amend Clause 21.16 to refer to the Casey Complex and correct the reference to the Structure Plan • amend Clause 22.03 Industrial Development Policy to correct the reference to the Structure Plan • amend Schedule 1 to Clause 37.08 Activity Centre Zone to include sub-precincts 2B, 2E and 4E in Precinct 6 and reduce the number of sub-precincts, reduce the number of sub-precincts in Precincts 3 and 9 and make mapping, typographical, grammatical and formatting corrections.

The Amendment also seeks to correct zoning anomalies by: • rezoning the eastern part of 236 South Gippsland Highway, Cranbourne from a General Residential Zone to an Activity Centre Zone Schedule 1 • rezoning the south-western corner of 42-58 Bakewell Street, Cranbourne from an Activity Centre Zone, schedule 1 to a Public Use Zone Schedule 2 • rezoning the western part of 3 New Holland Drive, Cranbourne East from an Activity Centre Zone Schedule 1 to a General Residential Zone Schedule 1. The Amendment applies to the land shown in Figure 1.

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 2 of 25 Figure 1 The subject land (ii) Purpose of the Amendment The ACZ1 was adopted into the Casey Planning Scheme in March 2015 to implement the Cranbourne Town Centre Structure Plan 2011.

Since the Structure Plan and the Activity Centre Zone provisions were introduced, the Council submitted that the preferred residential intensification areas have not achieved the development results expected. In Council’s view, the details in the ACZ1 which relate to building heights and set-backs were creating confusion, particularly in the way in which centre-wide and precinct specific provisions were applied. Council’s adopted Housing Strategy provides a holistic review of all residential land in the municipality. This strategy identifies that in-centre residential development is the appropriate location for higher density housing.

The Amendment seeks to achieve the intent of the

Casey Planning Scheme Amendment C204 Cranbourne Town Centre

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 3 of 25 Housing Strategy by applying use and development controls similar to the RGZ to intensive residential areas of the ACZ1 to assist in providing greater clarity as well as housing diversity. Figure 2 Precinct 6 The majority of the changes introduced by the Amendment relate to the revised Precinct 6 which is identified as residential intensification and is displayed in Figure 2.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 4 of 25 1.2 Panel process The Amendment was prepared by the Casey Council as Planning Authority.

As exhibited, the Amendment proposes to: • amend ACZ1 so that residential areas function similar to other residential growth areas • correct zoning anomalies, fix-up mapping, typographical, grammatical and formatting errors and make consequential changes in the ACZ1 and clauses 21.15, 21.16 and 22.03. The Amendment was authorised by the Department of Environment, Land, Water and Planning (DELWP) on 14 September 2017.

The Amendment was placed on public exhibition between 2 November to 5 December 2017, with 7 opposing submissions received. At its meeting of 6 March 2018, Council resolved to refer the submissions to a Panel. As a result, a Panel to consider the Amendment was appointed under delegation from the Minister for Planning on 15 March 2018 and comprised Michael Ballock (Chair) and Debra Butcher. A Directions Hearing was held in relation to the Amendment on 9 April 2018. Following the Directions Hearing, the Panel undertook an inspection of the subject site and its surrounds. The Panel then met in the Balla Balla Community Centre on 7 May 2018 to hear submissions about the Amendment.

Those in attendance at the Panel Hearing are listed in Table 1. Table 1 Parties to the Panel Hearing Submitter Represented by Casey City Council Elena Spanos, Senior Strategic Planner Aldi Stores Pty Ltd Emily Marson of Best Hooper Lawyers Vicinity Centres Ms Meg Lee of Gadens Justin Pellissier 1.3 Background to the proposal Amendment C157 to the Casey Planning Scheme sought to implement the Cranbourne Town Centre Plan 2011 (the 2011 Plan) into the Planning Scheme by introducing the ACZ1. The amendment proposed to rezone all land within the Cranbourne Town Centre to the ACZ1 but excluded the Cranbourne Racecourse and Recreation Reserve, Cranbourne Secondary College, Cranbourne Primary School, Marnebek School, Casey Grammar School and Chisholm Institute.

On 1 July 2013, prior to the gazettal of Amendment C157, the reformed residential and commercial zones were introduced into the Victoria Planning Provisions (VPP) through amendments V008 and VC100 respectively. The new residential zones were intended “to provide greater clarity about the type of use and development that can be expected in any residential area”, while the new commercial zones were “to provide greater flexibility and growth opportunities for Victoria’s commercial and business centres, responding to the

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 5 of 25 changing retail, commercial and housing markets by allowing for a wider range of uses to support mixed use employment”. Amendment C157 was gazetted on 15 March 2015. However, since then Council has identified some difficulties in administering the ACZ1, particularly for residential development in Precinct 6 largely as a result of the translation of precinct objectives, requirements and guidelines from the 2011 Plan into the ACZ1.

As a result, Council commenced a review of the ACZ1 in mid-2016. The review found that: • the drafting of the ACZ1 has caused some confusion or contradiction between centre- wide objectives and precinct-specific objectives, requirements and guidelines • the ACZ1 has more restrictive provisions than "standard" commercial and residential zones (following the introduction of the reformed residential and commercial zones).

This restrictiveness was not considered appropriate given the strategic context of the Cranbourne Town Centre • Planning Practice Note 56: Application Activity Centre Zone under use of land states that it is “important to ensure consistency between the table of uses in the ACZ and those uses included in other zones such as the Commercial 1 Zone and exempted uses listed at Clause 62.01 of the VPP” • the drafting of Clause 3 to the ACZ1 (table of uses) resulted in some uses being prohibited which should be in Section 2 for example ‘medical centre’ had not been un-nested from office and as a result has been prohibited in Precinct 6 • areas identified as primarily residential in the 2011 Plan were not identified as residential in the ACZ1, even where the table of uses treated them the same way as Precinct 6 which has caused difficulty in assessing residential applications, when precinct objectives and guidelines are aimed toward commercial and retail development • there were minor errors in the mapping throughout the ACZ1 • the primarily formatting and structure of the ACZ1 did not meet some of the requirements of the Ministerial Direction on the Form and Content of Planning Schemes.

1.4 Summary of issues raised in submissions The key issues raised in the submissions of the various parties are briefly summarised as follows: (i) Planning Authority The key issues for the Council were: • the appropriateness of uses which the ACZ1 allows in Precinct and amenity • the designation of high density housing adjoining Cranbourne Park Shopping Centre • changes to the uses allowed Precinct 6 • including the use for a gym in Precinct 9 • lack of guidelines or objectives to address the provision of cycling links • the location of strategic open space projects

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 6 of 25 • the application of the EAO to land to be included in the ACZ1.

The key issues raised by submitters were: • amenity impacts from late night venues • the proposed open space area generally located at the intersection of High Street and Bakewell Street • a requirement for “reverse onus” controls on new residential development adjoining Cranbourne Park Shopping Centre • as of right conditions for shop in Precinct 6 • the investigation of a road closure at Bakewell Street. 1.5 Issues dealt with in this Report The Panel considered all written submissions made in response to the exhibition of the Amendment, observations from site visits, and submissions, evidence and other material presented to it during the Hearing.

The Panel has reviewed a large volume of material. The Panel has had to be selective in referring to the more relevant or determinative material in the Report. All submissions and materials have been considered by the Panel in reaching its conclusions, regardless of whether they are specifically mentioned in the Report. This Report deals with the issues under the following headings: • Planning context • Key planning issues • Other matters.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 7 of 25 Planning context Council provided a response to the Strategic Assessment Guidelines as part of the Explanatory Report and its Part A submission.

The Panel has reviewed Council’s response and the policy context of the Amendment and has made a brief appraisal of the relevant zone and overlay controls and other relevant planning strategies. 2.1 Policy framework (i) State Planning Policy Framework Council submitted that the Amendment is supported by the State and Local Planning Policy Frameworks. The relevant policies that the Panel has had regard to includes: • Clause 11.03-2: Activity centre planning • Clause 15.01-1: Urban design • Clause 15.01-2: Urban design principles • Clause 16.01-1: Integrated housing • Clause 16.01-2: Location of residential development • Clause 16.01-3: Housing opportunity areas • Clause 16.01-4: Housing diversity • Clause 16.01-5: Housing affordability • Clause 18.02-1: Sustainable Personal Transport.

(ii) Local Planning Policy Framework • Clause 21.03: Settlement and Housing • Clause 21.04: Environment • Clause 21.05: Economic development • Clause 21.07: Built environment • Clause 21.15: Cranbourne. 2.2 Planning strategies or policies The Structure Plan was adopted on 2 August 2011 and provides the overarching strategy for the Cranbourne Town Centre, whilst the Cranbourne High Street Urban Design Framework 2011 (the UDF) focuses on the High Street Spine area and the Casey Complex Structure Plan 2011 (the Complex Plan) is specific to the Council owned land at the Casey Complex. The ACZ provisions for Cranbourne were introduced into the Casey Planning Scheme on 19 March 2015 through Amendment C157.

The Amendment introduced the objectives of the Structure Plan, UDF and the Complex Plan.

In addition, the Housing Strategy identifies in-centre areas as being the most appropriate location for diverse higher density residential development because of their access to public transport, employment, community facilities and other services.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 8 of 25 2.3 Planning scheme provisions (i) Zones Council submitted that the Amendment makes proper use of the VPP by making changes to the ACZ1 so that it can better respond and address the purpose of the zone. The Amendment is consistent with Planning Practice Note 56: Activity Centre Zone (PPN56).

The 2011 Plan was adopted by Council and prepared in accordance with the requirements of Planning Practice Note 58: The Amendment proposes to rezone three land parcels, described as zoning anomalies in the Explanatory Report, as follows: • the eastern portion of 236 South Gippsland Highway to be included in the ACZ1 (currently the western portion of the site is already in the ACZ1) • rezoning the south western corner of 42-58 Bakewell Street from the ACZ1 to the Public Use Zone Schedule 2 (Education) • rezoning the western portion of 3 New Holland Drive (which comprises Casey Grammar School) to the General Residential Zone Schedule 1, consistent with the zoning of the eastern portion of the school.

In each case, the rezoning will result in the same zone applying to the entire land parcel rather than having land in two zones. The proposed rezoning will result in minor changes to the boundary of the Activity Centre. (ii) Overlays There are four overlays which apply to land in the Activity Centre, comprising: • various properties throughout the Activity Centre included in the Heritage Overlay • land fronting the South Gippsland Highway (between Stawell Street and the northern extent of the Activity centre) and on the eastern end of Sladen Street affected by the EAO • 14 trees affected by the Environmental Significance Overlay Schedule 8 - Significant Exotic and Native Trees in Casey • part of 135 South Gippsland Highway affected by the Land Subject to Inundation Overlay.

2.4 Ministerial Directions and Practice Notes (i) Ministerial Directions Council submitted that the Amendment meets the relevant requirements of: • Ministerial Direction on the Form and Content of Planning Schemes • Ministerial Direction No. 1: Potentially Contaminated Land • Ministerial Direction No. 9: Metropolitan Planning Strategy • Ministerial Direction No. 11: Strategic Assessment of Amendments.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 9 of 25 Ministerial Direction – The Form and Content of Planning Schemes Council submitted an updated ACZ1 outlining its final position on the Amendment which included changes made to its form and content since authorisation.

Ministerial Direction No. 1: Potentially Contaminated Land Council had reason to believe that, even though the land is not zoned for industrial purpose, the eastern portion of 236 South Gippsland Highway, Cranbourne is potentially contaminated as it has operated as part of the boat sales business for over 10 years. Aerial imagery indicates the land has been used to store goods associated with the business operating on the site. Ministerial Direction No. 9: Metropolitan Planning Strategy Plan Melbourne: 2017-2050 (DELWP 2017) is the Metropolitan Planning Strategy. The Amendment is consistent with the “Outcomes” contained in the strategy.

Therefore, the Amendment has regard to the strategy and the matters outlined in the Ministerial Direction and is consistent with this Direction.

Ministerial Direction No 11: Strategic Assessment of Amendments The Amendment has been evaluated in accordance with the strategic considerations set out in Direction No. 11 and is consistent with those considerations. (ii) Planning Practice Notes Council submitted that the Amendment is consistent with: • Planning Practice Note 1 (PPN1) Applying the Heritage Overlay, January 2018 • Planning Practice Note 46 (PPN46) Strategic Assessment Guidelines, June 2015 • Planning Practice Note 56 (PPN56): Activity Centre Zone, June 2015 • Planning Practice Note 58 (PPN58): Structure Planning for Activity Centres, June 2015 • Planning Practice Note 59 (PPN59) The Role of Mandatory Provisions in Planning Schemes, June 2015.

2.5 Discussion and conclusions The basis for the amendment is well established in the State and Local Planning Policy Frameworks as well as the more detailed Structure Plan. Substantial guidance is available from a number of Planning Practice Notes and the Panel acknowledges that the Amendment is consistent with PPN56 which is particularly relevant. The Panel concludes that the Amendment is supported by, and implements, the relevant sections of the State and Local Planning Policy Framework and is consistent with the relevant Ministerial Directions and Practice Notes. The Amendment is well founded and strategically justified, and the Amendment should proceed subject to addressing the more specific issues raised in submissions as discussed in the following chapters.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 10 of 25 Key planning issues 3.1 Precinct 6: Residential Intensification 3.1.1 The issues There were two key issues raised in relation to Precinct 6 in the ACZ1 that were addressed at the Hearing: • Whether the designation of an area for higher density housing adjoining the western boundary of Cranbourne Park Shopping Centre is appropriate in the context of potential amenity impacts and, if it is, whether the ACZ1 should be further reviewed to better manage potential amenity impacts through ‘reverse onus’ controls to apply to future residential development proposals • Whether changes to the uses allowed in Precinct 6, in particular in relation to ‘shop’ and ‘office’, are appropriate and/or necessary.

3.1.2 Submissions (i) Issue 1 – Higher density housing and reverse onus controls In relation to the designation of a higher density housing area adjoining Cranbourne Park Shopping Centre (the Shopping Centre), it was Council’s submission that the designation was appropriate and consistent with State and Local Policy and Council’s Housing Strategy. However, Council accepted that there might be a need for additional measures to be implemented in the AC1Z to address potential amenity impacts to higher density residential development that abut the service areas and loading facilities located along the western boundary of the Shopping Centre.

Council submitted that further changes to the ACZ1 could adequately address this matter. The changes included in Document 1, Attachments I and J proposed additional wording requiring that: • new residential development adjoining Precinct 4, which includes the Shopping Centre, should include acoustic protection from nearby industrial and commercial land uses • additional application requirements for land in Precinct 6, whereby applications for a dwelling adjoining Precincts 1, 3, 4 and 8 must demonstrate how the proposal includes acoustic protection.

Ms Lee, on behalf of Vicinity Centres (Vicinity), did not contest the designation of the land abutting the west boundary of the Shopping Centre for higher density housing.

However, she advised that, whilst Council’s changes had gone some way towards addressing Vicinity’s concerns about acoustic issues, its view was that some additional changes were still required. Vicinity submitted that the ‘agent of change’ principle should apply to new residential development. The submission outlined the relevant requirements of the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No N-1 (SEPP N-1).

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 11 of 25 Vicinity noted that, as a result of a recent permit that issued for the Shopping Centre, a 3 metre high acoustic fence had been constructed along the western site boundary and acoustic lining applied to the roof of loading bays, to ensure the ground level noise levels at nearby dwellings complied with SEPP N-1. Vicinity also confirmed that as a result of the most recent planning permit, the loading docks now have time restrictions within which they must operate, to further minimise noise impacts to neighbouring development.

Referring to the requirements of SEPPN-1, Vicinity Centres proposed a series of additional suggested changes (Document 5) to the ACZ1 and the 2017 Structure Plan in relation to acoustic issues and Precinct 6.

Council submitted that it was willing to accept some of these changes and, in response, proposed further changes to the wording. These further changes which were mostly accepted by Vicinity. However, the parties did not agree whether the changes to the Precinct Guidelines at Clause 5.6-4 should relate to development of two storeys proposed by Vicinity or three storeys and above as submitted by Council. Council did not support Vicinity’s suggested inclusion of a requirement at Clause 6.0 Application Requirements to provide an acoustic report. In relation to this issue, Council re- iterated that it did not believe an acoustic report was necessary to demonstrate that acoustic concerns had been appropriately addressed.

(ii) Issue 2 – Changes to the use provisions in relation to ‘shop’ and ‘office’ The issue of the inclusion of ‘shop’ and ‘office’ as ‘as of right’ uses in Precinct 6 (or Section 2 uses with no floorspace limit) was raised by Vicinity in its submission to the exhibited Amendment. Vicinity submitted that that the inclusion of such uses could provide the opportunity for the uses to locate in the designated residential intensification areas, including at the western entrance to the Shopping Centre, on lots that front Cranbourne Drive. Council submitted that the changes made to include ‘shop’ and ‘office’ as Section 1 and 2 uses, with accompanying conditions, are intended to reflect the approach taken to such uses in the RGZ.

Council argued that that the changes are appropriate and the conditions are such that any of these uses in Precinct 6 could only be small scale and locate in areas where small-scale development is likely to complement future mixed use development. Council noted that an application for either a ‘shop’ or ‘office’ use would need to demonstrate how it is appropriate and will not be detrimental to adjoining land uses. Vicinity advised that its submission to the Amendment included a number of concerns, of which the ‘shop’ and ‘office’ uses was one, that had been subsequently resolved as a result of changes to the exhibited ACZ1.

Vicinity submitted that the only issue that remained outstanding related to that of acoustic protection provisions. 3.1.3 Discussion (i) Issue 1 - Higher density housing and reverse onus controls The Panel is of the view that the location of land designated for residential intensification adjacent to the western boundary of the Shopping Centre is appropriate and consistent with

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 12 of 25 relevant policy in relation to activity centres as well as Council’s adopted strategies. The Panel accepts that that new residential development would be the agent of change and should be subject to appropriate measures to manage potential amenity impacts as a result of the proximity any new multi storey residential development might have to the loading docks and service areas of the Shopping Centre. The Panel understands the concerns of Vicinity and believes that some additional wording is required in the ACZ1 to ensure that, in the residential intensification areas where such areas abut commercial and/or industrial land uses, the residential land uses take into account potential noise impacts from the established adjoining uses and seek to implement mitigation measures as appropriate.

Accordingly, the Panel supports the addition of a new objective in Precinct 6, in the Precinct Guidelines and Application requirements to address this issue. The Panel also supports similar changes to the Guidelines in Section 9.6 of the Structure Plan. In relation to what height building the revised Precinct Guideline should apply to, the Panel considers it should apply to development of two or more storeys, on the basis that the current acoustic fence only extends to a height of 3 metres and therefore it is likely that development extending beyond 3 metres in height, which would include a second storey, may be impacted if acoustic mitigation measures are not put in place.

In the Panel’s view, the requirement for an acoustic report, to the satisfaction of the responsible authority is appropriate. The Panel considers that it would be very difficult to ascertain whether proposed acoustic mitigation measures in a future residential development proposal will adequately address the requirements of SEPP N-1 and provide adequate acoustic protection from nearby industrial and commercial uses, without the benefit of an acoustic report. For this reason, the Panel accepts the inclusion of such a requirement is appropriate. (ii) Changes to the Use provisions The Panel is of the view that the approach taken by Council to the ‘shop’ and ‘office’ provisions for Precinct 6 in attempting to match the provisions of the RGZ is appropriate and will not result in inappropriately located commercial land uses.

In relation to this issue, the Panel notes that the provisions of Clause 7.0 ‘Notice and Review’ are such that for an application in Precinct 6 for a use or to construct or carry out works is not exempt from the notice and review requirements. Therefore, if there are any future concerns about inappropriately located land uses it is likely that any planning permit would be advertised, providing opportunity for further input to the planning process at that time. In relation to the wording of the conditions associated with ‘shop’ as a Section 1 use in Precinct 6, the Panel notes that in the exhibited ACZ1 and in the subsequent iterations provided to the Panel, there appears to be an error in the conditions.

The various versions of the Schedule include the following ‘shop’ condition: • The land must be located within 100 metres of land in an adjoining precinct of the Activity Centre Zone or have access to a road in a Road Zone. To reflect the requirements of the RGZ this first bullet point should read:

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 13 of 25 • The land must be located within 100 metres of land in an adjoining precinct of the Activity Centre Zone and must adjoin, or have access to, a road in a Road Zone’. Notwithstanding the above, the Panel is aware of Amendment VC143, gazetted on 15 May 2018, which implemented a range of changes to various residential zones, including amending the RGZ to remove ‘food and drink premises’ and ‘shop’ from Section 1 and make them Section 2 uses, subject to conditions.

In the case of ‘shop’ the accompanying conditions are: • The land must be located within 100 metres of a commercial zone or Mixed Use Zone.

• The land must have the same street frontage as the land in the commercial zone or Mixed Use Zone. Nevertheless, the Panel finds that the proposed changes to the ACZ1, as exhibited, are appropriate. However, if Council’s intent is for the Precinct 6 controls in the ACZ1 for the Cranbourne Town Centre are to reflect the RGZ in relation to ‘food and drink premises’ and ‘shop’ uses, it may need to further consider the Schedule given the changes introduced by Amendment VC143.

3.1.4 Conclusions The Panel concludes: • The location of a residential intensification area abutting the western boundary of Cranbourne Park Shopping Centre is appropriate, subject to management and mitigation measures being implemented by any future abutting residential development. • The ACZ1 should be amended to include additional ‘reverse onus’ acoustic requirements for such residential development. • The Structure Plan should be amended to include additional wording at Section 9.6 Precinct 6, under ‘Guidelines’ at the end of Guideline No. 7 so that it finishes ‘… so that emissions of noise from existing industrial and commercial uses complied with State Environment Protection Policy (Control of Noise form Commerce, Industry and Trade) No.

N-1 (SEPP N-1)’.

• The approach taken to ‘office’ in Precinct 6, is appropriate. • Council should consider its position on the changes to the RGZ ‘shop’ and ‘food and drink premises’ in Precinct 6. 3.2 Precinct 9: Cranbourne Racecourse, Entertainment and Tourism 3.2.1 The issues The two key issues raised in relation to Precinct 9 in the ACZ1 that were addressed at the Hearing are: • Whether the ACZ1 should be further amended to restrict late-night entertainment venues in Precinct 9 (with particular concerns raised about a property at 130-136 Sladen Street) and, if the use provisions are not amended, whether the Schedule

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 14 of 25 should better address requirements to manage potential amenity impacts to nearby residential areas. • Whether the ACZ1 should be further amended to enable the use of land in Precinct 9 as a gymnasium. 3.2.2 Submissions (i) Issue 1 – Late night entertainment venues in Precinct 9 Council submitted that the main change proposed to the Precinct 9 provisions was to remove the sub-precincts. Council added that the changes that would affect future development and use in Precinct 9 were changes to the centre-wide land use and development.

Council advised the Panel that many of the concerns raised in relation to late night entertainment venues in Precinct 9 and specifically in relation to a potential future development at 130-136 Sladen Street, would be dealt with during the planning application process. Council submitted that further changes to the Table of Use provisions were not warranted. Mr Pellissier submitted that there should be a greater restriction and control over where late night entertainment venues, such as nightclubs or pubs, locate within the Activity Centre. He added there should be opportunities for other entertainment related land uses, such as an art gallery or theatre, to locate in Precinct 9, rather than late night venues.

Mr Pellissier expressed particular concern about the potential for a late night entertainment venue to locate on land at 130-136 Sladen Street as he felt that such a land use in that location would result in amenity impacts to surrounding residential properties from both noise and patron behaviour.

Council submitted that to address Mr Pellissier’s concerns an additional Decision Guideline could be added to Clause 8 under the heading ‘Use’. This guideline should state that ‘In Precinct 9, an application for a night club, hotel or tavern should ensure that there is no unreasonable amenity impact on the surrounding neighbourhood’. (ii) Issue 2 - Use of land as a gymnasium in Precinct 9 Multifield Constructions, the owners of the site at 130-136 Sladen Street, submitted that the use provisions of Clause 3 ‘Table of Uses’ of the ACZ1 should be amended so that a gymnasium is a permissible use.

Council submitted that a gymnasium falls within the definition of ‘restricted recreation facility’ at Clause 74 of the Planning Scheme, which is a Section 2 use in the ACZ1. It was Council’s position that no change is required to the Schedule as exhibited in relation to this issue. 3.2.3 Discussion (i) Issue 1 – Late night entertainment venues in Precinct 9 The Panel has some sympathy for Mr Pellissier’s concerns and understands the amenity impacts that late-night venues can have on neighbouring residential areas. Nonetheless, the Panel agrees with Council that it is not appropriate to change the Table of Uses at Clause 3 of the ACZ1 to address these concerns.

The Panel notes that hotel, nightclub

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 15 of 25 and tavern are all Section 2 uses at Clause 3 of the ACZ1 and this is consistent with other precincts as well and not limited to Precinct 9. The Panel agrees with Council that the majority of potential amenity impacts can and should be dealt with at the planning permit application stage of any proposal. The Panel also supports Council’s proposed inclusion of an additional requirement under the Decision Guidelines to require further consideration of amenity impacts. The Panel also considers that the requirement could potentially apply to all of the Precincts in the Activity Centre where such uses are permissible and not just Precinct 9.

In the Panel’s views there is the potential for such uses to also impact other parts of the Activity Centre, including the residential intensification areas in Precinct 6.

(ii) Issue 2 -Use of land as a gymnasium in Precinct 9 The Panel accepts the Council’s submission that the provisions of the ACZ1, as exhibited, include gymnasium as a permissible use in Precinct 9. Therefore, no change is required to the Schedule to address this issue. 3.2.4 Conclusions The Panel concludes: • There is the potential for late night entertainment venues in Precinct 9 of the Activity Centre to impact neighbouring residential land uses and so it is appropriate to include an additional Decision Guideline that addresses potential amenity impacts. • No change is required to ACZ1 to enable development and use of gymnasium in Precinct 9.

3.3 Bakewell Street 3.3.1 The issue The key issue raised in relation to Bakewell Street, in Precinct 5, was whether the proposed investigation of the closure of Bakewell Street to through traffic to High Street, which would in turn facilitate a public open space area at the intersection of Bakewell and High Street, is appropriate. 3.3.2 Submissions Council submitted that it is appropriate that the Structure Plan and ACZ1 both continue to identify the potential for the closure of Bakewell Street and the creation of a new open space area opposite Greg Clydesdale Square.

Council advised that: • The proposal to close Bakewell Street and have an open space area on the corner has been included in previous versions of the Structure Plan and associated Planning Scheme controls (prior to the ACZ applying to the Activity Centre the Structure Plan was applied via a Development Plan Overlay Schedule 1) since the Structure Plan was first adopted in 2006.

• At the time, the ‘Village Square’ was identified as one of six major transformation projects to be delivered through the 2006 plan. The project

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 16 of 25 was retained in the 2011 version of the Structure Plan and remains in the 2017 Structure Plan being considered by the Panel. • It may not be viable to close-off or modify Bakewell Street until there is reduced traffic along High Street however Council wishes to retain the project as an option acknowledging that it requires further investigation and would also require extensive consultation with affected landowners before any such road closure and open space development occurred. Ms Marson, on behalf of Aldi Stores Pty Ltd (Aldi), submitted that the proposed road closure would result in significant detrimental traffic and car parking impacts for Aldi.

Aldi was concerned that the closure may impact the viability of its retail offer and that of the broader Activity Centre. Consequently, Aldi opposed the establishment of an open space area. Aldi advised the Panel that it is a key retail attractor to the Activity Centre and noted the Policy support at a State and Local level to maintain a broad retail offering at the Activity Centre with convenient access and car parking.

Aldi highlighted the length of time that the corner has been designated for public open space and argued that there has been, and remains, a lack of urban design justification and rigour to the proposal. Accordingly, Aldi submitted that the ‘earmarking’ of the public open space should be removed from both Cranbourne Town Centre Framework Plan July 2017 and the ACZ1 and that the two precinct objectives at Clause 5.5-2 of the ACZ1 relating to the road closure and open space should be deleted.

3.3.3 Discussion The Panel acknowledges that the western end of Bakewell Street east of High Street has been designated as future open space in the Structure Plan for some time.

The Panel accepts the Council’s explanation that the delay in realising this outcome is the impact that the continued high speed, high traffic volume environment of High Street would have on this open space. The Panel acknowledges that, at present, there may not seem to be significant merit in providing an open space area in Bakewell Street, opposite Greg Clydesdale Square. However, if High Street becomes a lower speed and less trafficked environment, as a result of the Cranbourne by-pass, the amenity and accessibility offered by an open space area on the east side of High Street will become more apparent.

As a consequence, the Panel does not support the deletion of the reference to the road closure and the open space from the ACZ1 or the Structure Plan. However, the Panel notes the redevelopment of part of Bakewell Street for open space would require the closure of the road. As identified in the Precinct Objectives for Precinct 5, any closure of Bakewell Street will require further traffic and parking analysis, as well as consultation with key stakeholders, land owners and Government agencies such as VicRoads. This process would also consider traffic management, car parking, pedestrian accessibility and urban design outcomes.

For this reason, the Panel does not support the removal of the open space designation from the corner of Bakewell and High Street. However, the Panel considers that a rewording of the relevant Precinct 5 Objectives (in both the ACZ1 and the Structure Plan) is appropriate so that it is clear that the creation of a new open space area as contemplated can only occur if the

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 17 of 25 investigation of the closure of Bakewell Street demonstrates that it represents a nett community benefit for the Activity Centre.

3.3.4 Conclusions The Panel concludes: • The investigation of the closure of Bakewell Street and the location of public open space on the corner of Bakewell and High streets should continue to be shown in the Precinct 5 mapping in both the ACZ1 and the Structure Plan. • The Precinct Objectives for Precinct 5 at Clause 5.5-2 of the ACZ1 and in Section 9.5 of the 2017 Structure Plan should be amended to reflect the fact that the provision of the public open space area is reliant upon the further investigation of the closure of Bakewell Street demonstrating a net community benefit for the Activity Centre.

3.4 Transport for Victoria issues 3.4.1 The issue There were four issues raised by Transport for Victoria (TfV) in relation to the proposed Amendment. These issues can be summarised as: • The Precinct 2 guidelines relating to built form and development should have better regard to the interface with Cranbourne Station.

• For both Precincts 2 and 6 (where it abuts the station) pedestrian links and way finding to the station should be provided and that this should be addressed in the ACZ1. • The ACZ1 should include guidelines or objectives that address the need for cycling links. • Visual links and pedestrian connections from Lyall Street across High Street should be addressed. 3.4.2 Submissions The issues raised by TfV were outlined in their written submission to the exhibited amendment. Following receipt of their submission, Council undertook further consultation with TfV to try and resolve some of the issues and TfV elected not to make a submission at the Panel Hearing.

In response to the TfV issues raised in relation to the guidelines for built form, Council proposed to reinstate and reword one of the Precinct Objectives at Precinct 2: Cranbourne Railway Station Environs (Clause 5.2-2) of the ACZ1 so that the third dot point states: To encourage multi-level development that optimises the use of the Cranbourne Railway Station and public transport facilities. In relation to the pedestrian and wayfinding issues, Council submitted that these are not issues that can be dealt with by the Amendment but that such issues are addressed through the Cranbourne Town Centre Signage and Branding Strategy, with future improvements to be made via Council’s Capital Works program, and which is also likely to be addressed as part of the redevelopment of large sites in proximity to the station (such as those north of Cranbourne Railway Station).

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 18 of 25 On the topic of cycling and pedestrian links, Council submitted that the ACZ1 includes appropriate objectives and guidelines which support cycling and walking and that no further changes are required to address this issue. Finally, in relation to the issue of links from Lyall Street across High Street, Council submitted that such links are being further explored as part of the review of the strategic framework for the Activity Centre which the Panel understands is a separate review currently being undertaken.

3.4.3 Discussion The Panel supports the re-instatement of a Precinct Objective at Clause 5.2-2 to encourage multi-level development that optimises the use of the Cranbourne Railway Station.

The Panel is of the view that this objective, combined with the Precinct Guideline at Clause 5-2.4 which states ‘Provide higher scale buildings at the eastern end of the precinct towards High Street and adjacent to the Cranbourne Railway Station’, appropriately responds to the concerns raised by TfV and ensures consistency with broader State policies that seek to promote higher density housing in proximity to major transport hubs.

The Panel supports Council’s view that pedestrian and way finding links is not a matter for Amendment C204 but is more a matter of detail to be addressed within the context of future large-scale development proposals and as well as future Council funding which might become available. In relation to this issue, the Panel notes that the ACZ1 provides an appropriate strategic framework/support for this to occur through the ‘Transport and Access’ objectives included at exhibited Clause 2.0 of the ACZ1 which state: • ‘To develop well-defined movement networks and access that provide strong linkages, increase public transport patronage and improve pedestrian and bicycle users’ amenity.

• To provide for well-defined vehicular, bicycle and pedestrian access. • To strengthen pedestrian movement throughout the centre specifically by reinforcing the eastwest connections across High Street’. The Panel also supports Council’s view that there is adequate support provided at the Clause 2.0 objectives in relation to pedestrian and cycle links to ensure that such matters are appropriately considered within each of the Precincts, including the issue of links from Lyall Street across High Street.

The Panel also notes that the Structure Plan addresses the issue of pedestrian and cycling links, at Section 7.4 Movement and Transport.

Included at this Section is the objective ‘To facilitate efficient movement opportunities within the Town Centre for buses, cars, bicycles and pedestrians with a focus on sustainable transport solutions’ which is then supported by a list of 19 actions to be undertaken. Given this policy context the Panel is satisfied that the issues raised by TfV are appropriately addressed, without the need for further amendments to the ACZ1.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 19 of 25 3.4.4 Conclusions The Panel concludes: • The inclusion of an additional objective at Clause 5.2-2 of the ACZ1 to address the form of development in proximity to the Cranbourne Railway station is appropriate. • No other changes are required to the ACZ1 to address the issues raised by TfV. 3.5 236 South Gippsland Highway 3.5.1 The issue The issue is whether in rezoning the eastern portion of the property located at 236 South Gippsland Highway (which is currently in the General Residential Zone Schedule 1 (GRZ1) but which is proposed by the Amendment to be included in the ACZ1), the eastern portion should also be included in the Environmental Audit Overlay (EAO), given that the western portion of the site currently is included in the EAO.

3.5.2 Submissions The Amendment, as exhibited, proposed to include the eastern portion of 236 South Gippsland Highway in the ACZ1, describing it as a zoning ‘anomaly’ that needed to be rectified so that the whole of the property was in the one zone. No written submission was lodged by the landowner in relation to the propose rezoning however Council advised in its submission that officers received an enquiry during exhibition about the rezoning and the owners were not opposed to the rezoning.

The submission by the EPA in relation to Amendment C206 stated that it had no objection to the Amendment.

However, the submission raised the issue as to whether the eastern portion of the land at 236 South Gippsland Highway should also be included in the EAO similar to the western portion of the land. In raising this issue, the EPA noted that the inclusion of the eastern portion of the land in an EAO was a decision for the Council which would need to satisfy itself of the history of the site, possibly undertake an environmental site assessment and have regard to the Minister’s Direction No. 1 to determine if the application of the overlay is appropriate. Council advised the Panel that following these comments from the EPA, it notified the owners of the property that Council supports the application of the EAO over the eastern portion of the site to be rezoned.

Council advised that no response was received from the owner in relation to this notification.

Council submitted that it supports the application of the EAO over the eastern portion of 236 South Gippsland Highway because there is reason to believe that potentially contaminating uses have taken place on the site for some time. Council provided a series of historical aerial photographs from 1968 through to 2018, which appear to show the use of the eastern portion of the site as part of the commercial operations on the western portion. In the case of the 2018 Aerial Photograph it shows the site as being currently occupied by the Cranbourne Boating Centre.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 20 of 25 3.5.3 Discussion The Panel notes that it is an unusual circumstance where land that is currently in a residential zone and is to be rezoned to a commercial zone, is proposed to be included in the EAO.

In relation to the potentially contaminated land, Minister’s Direction 1 states that: ‘In preparing an amendment which would have the effect of allowing (whether or not subject to the grant of a permit) potentially contaminated land to be used for a sensitive use, agriculture or public open space, a planning authority must satisfy itself that the environmental conditions of that land are or will be suitable for that use’.

The Minister’s Direction defines ‘potentially contaminated land’ as: ‘land used or known to have been used for: industry, mining, or the storage of chemicals, gas, wastes or liquid fuel (if not ancillary to another use of the land)’ and ‘sensitive use’ as a residential use, a child care centre, a pre-school centre or a primary school’. It is therefore Council’s contention that, notwithstanding the current zoning of the eastern portion of the property as residential, the land should be included in the EAO having regard to Minister’s Direction 1.

The Panel has considered both the Minister’s Direction 1 and General Practice Note – Potentially Contaminated Land, June 2005.

Table 1 of the Practice Note identifies land uses or activities that might indicate potential contamination. Included in the list of ‘High Potential’ land uses is ‘boat building/ maintenance’ – which is of relevance to the current considerations given the existing land use on the site is the Cranbourne Boating Centre (although it is not known how long the Cranbourne Boating Centre has been located on the land). For land uses with ‘high potential’ for contamination, Table 2 of the Practice Note Assessment Matrix identifies that where sensitive uses are proposed an Environmental Audit Overlay is an appropriate tool, and that where ‘other uses’ are proposed (which includes retail or office uses) it is appropriate to require a site assessment from a suitably qualified environmental professional if insufficient information is available to determine if an audit is appropriate.

The property at 236 South Gippsland Highway is included in Precinct 1 - Gateway Commercial North, Sub-Precinct 1C of the ACZ1 where accommodation is an ‘as of right’ use, subject to conditions. The Panel acknowledges that the precinct is primarily focussed towards employment and business land uses.

Given a dwelling can locate there ‘as of right’ and, in the absence of any site assessment being undertaken beyond the aerial photographs provided by Council, which further clarifies the presence or otherwise of contamination on the land, the Panel is of the view that the inclusion of the eastern portion of 236 South Gippsland Highway in the EAO is precautionary and appropriate. The Panel notes that the Town Centre boundary in the plan at Clause 1.0 of the exhibited ACZ1 was amended to include the eastern portion of the property at 236 South Gippsland Highway, however the eastern portion of the land has not been included in Precinct 1: Gateway Commercial North Map.

This appears to be an oversight that should be corrected.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 21 of 25 3.5.4 Conclusions The Panel concludes: • The inclusion of the eastern portion of 236 South Gippsland Highway in the EAO is appropriate. • The Precinct Map at Clause 5.1-1 of the ACZ1 should be amended to include the eastern portion of 236 South Gippsland Highway in the Town Centre boundary as shown on the Framework Plan at Clause 1.0 of the ACZ1. 3.6 Recommendation The Panel recommends that: Apply the Environmental Audit Overlay to the eastern portion of 236 South Gippsland Highway, Cranbourne.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 22 of 25 Other matters 4.1 Cranbourne Gardens (Royal Botanic Gardens Victoria) 4.1.1 Discussion The Cranbourne Gardens lodged a submission requesting changes to the Amendment documentation, including suggested changes to Clause 21.15 in addition to changes to the ACZ1.

Council responded to the submission and agreed to make some of the requested changes whilst also outlining reasons why it didn’t agree/was unable to make some of the requested changes. Council advised in its response that some of the issues raised could be addressed as part of the next review of the 2017 Structure Plan.

As a result of Council’s response, and the changes agreed to by Council, the Cranbourne Gardens withdrew their submission. Council advised at the Panel hearing that the agreed changes were included in its final version of the ACZ1 submitted as Attachment I in Document 1. These changes to the ACZ1 included a number of corrections to the Schedule. 4.1.2 Conclusions The Panel concludes: • That the post exhibition changes made in response to the Cranbourne Gardens submission to the exhibited ACZ1 are appropriate.

4.2 Mapping changes and corrections 4.2.1 Discussion The submission to the Amendment lodged on behalf of Vicinity Centres requested a number of corrections to be made in relation to the naming of the Cranbourne Park Shopping Centre and the need for the documentation to reflect the closure of Stawell Street to the west of the South Gippsland Highway.

Council accepted these corrections and they were included in Council’s ‘final position’ on the amendment submitted as Attachment I in Document 1.

Some of these requested corrections also related to the 2017 Structure Plan. The agreed corrections to the Structure Plan document were submitted in Document 1 as Attachment G. 4.2.2 Conclusion The Panel concludes that: • The post exhibition corrections in response to submissions should be included in the revised Amendment documentation, including the 2017 Structure Plan.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 23 of 25 4.3 Recommendations The Panel recommends: Replace he exhibited version of the Activity Centre Zone Schedule 1 with the Panel preferred version included in Appendix B.

Replace the exhibited Clauses 21.15, 21.16 and 22.03 with the versions submitted in Document 1 as Attachment I. Amend the exhibited Cranbourne Town Centre Structure Plan 2017, with the following additional changes: a) amend the Precinct Objectives in Section 9 by replacing Objective 2 with the following objectives: • to investigate the potential to close off Bakewell Street to through traffic • to establish a central public space on Bakewell Street opposite to and connected with Greg Clydesdale Square • to ensure the closure of Bakewell Street results in a net community benefit for the Activity Centre.

b) amend ‘Guidelines’ in Section 9.6, by replacing Guideline No. 7 with the following: • New residential development should include acoustic protection from nearby industrial and commercial uses so that emissions of noise from existing industrial and commercial uses comply with State Environment Protection Policy (Control of Noise form Commerce, Industry and Trade) No. N-1 (SEPP N-1)’.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 24 of 25 Appendix A Document list No. Date Description Provided by 1 07/05/2018 City of Casey Part B submission Ms Spanos 2 07/05/2018 Submission on behalf of Aldi Stores Pty Ltd Ms Marson 3 07/05/2018 Aldi endorsed plans pursuant to Planning permit P566/05 Ms Marson 4 07/05/2018 Submission on behalf of Vicinity Centres Ms Lee 5 07/05/2018 Revised wording for acoustic protection Ms Lee 6 07/05/2018 Submission by Mr Pellissier Mr Pellissier

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 Page 25 of 25 Appendix B Panel recommended version of ACZ Schedule 1

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 1 OF 41 SCHEDULE 1 TO CLAUSE 37.08 THE ACTIVITY CENTRE ZONE Shown on the planning scheme map as ACZ1. CRANBOURNE TOWN CENTRE 1.0 Cranbourne Town Centre Framework Plan 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 2 OF 41 2.0 Activity Centre lLand use and development objectives to be achieved ▪ To expand and revitalize the Cranbourne Town Centre so that it evolves as an active, attractive and accessible Activity Centre serving the local and wider community.

▪ To ensure the continued vitality of the Cranbourne retail core. ▪ To promote a sustainable and vibrant mixed-use activity centre which is a regional destination with a strong sense of place and civic identity which serves the local and wider community.

19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 3 OF 41 ▪ To develop the Cranbourne Town Centre as a focus for contemporary, high-density residential development incorporating a mix of complementary retail, commercial, entertainment, employment, education and community uses. ▪ To ensure the activity centre enhances the social, environmental, economic and cultural elements of the municipality and region, advancing Cranbourne as a destination in Melbourne’s south-east.

▪ To ensure land use and development facilitates a range of sustainable local employment and business opportunities.

▪ To promote the Casey Complex as a modern, high-standard, regional sporting and recreational facility with integrated uses and community services. ▪ To promote developments which are flexible with anthe intensity and mixture of land uses around key transport nodes. ▪ To provide for a vibrant mix of uses that support the strategic role of the Cranbourne Town Centre. ▪ To provide a high level of activity to attract people, provide a focal point for the community, create an attractive and safe urban environment and increase opportunities for social interaction.

▪ To ensure mixed use development comprises flexible floor spaces to accommodate a range of uses. ▪ To substantially increase the provision, density and diversity of housing types within the Cranbourne Town Centre by offering the community a wider rangechoice of housing opportunities. Built form ▪ To create a visually appealing built form within attractive streetscapes and increase the intensity, scale and density of development to reflect the status of the Cranbourne Town Centre as a significant location, both within Casey and the broader Melbourne metropolitan area.

▪ To create a sense of identity in the Cranbourne town centre by encourageing innovative high quality architecture which that is well-designed and incorporates art into the design and/or in adjacent public areas .

▪ To create a sense of identity for the Cranbourne Town Centre. ▪ To ensure an appropriate transition in height from within the Cranbourne Town Centre and beyond to the surrounding areas. ▪ To reinforce establish ‘gateway’ locations withinto the Cranbourne Town Centre with distinguishing architecture, higher built form and innovative urban design. Environmental sustainability ▪ To ensure Australian ‘bBest Ppractice’ environmentally sustainable design is exceeded in relation to building energy management, water-sensitive urban design, construction materials, indoor environment quality, waste management and transport.

Public realm ▪ To encourage active street frontages and pedestrian generating activities to be located along roads and streets.

▪ To facilitate the use and enjoyment by users of public urban spaces, pedestrian and bicycle paths, plazas and streetscapes through innovative well considered urban design.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 4 OF 41 ▪ To encourage artwork in suitable locations to contribute to creating the creation of a distinctive sense of identity. Open space and landscaping ▪ To create and maintain a healthy landscaped environment which includes treed boulevards with active frontages and high quality landscaping along the length of High Street-South Gippsland Highway, Lyall Street and Sladen Street.

▪ To create a new active street, ‘The Avenue’, located east of High Street. ▪ To achieve development that provides accessible, safe, attractive and functional private and public open space opportunities that, which are well connected and integrated within a permeable urban environment.

▪ To provide opportunities for effective and efficient landscaping in the public and private realms. ▪ To create and maintain a healthy landscaped environment. Transport and access ▪ To develop circulation well-defined movement networks and access that provide strong linkages within the Cranbourne Town Centre, and increase enhance public transport patronage and improve pedestrian and bicycle users’ amenity. ▪ To provide for well-defined vehicular, bicycle and pedestrian access to precincts. ▪ To strengthen pedestrian movement throughout the centre, specifically the east-west pedestrian corridor throughout the town centre, most notably by reinforcing the east-west connections across High Street.

3.0 Table of uses Section 1 - Permit not required Use Condition Accommodation (other than Camping and cCaravan pPark, Caretaker’s house, Corrective iInstitution, Residential bBuilding, Residential vVillage, Retirement vVillage and Host fFarm) Must not be in Precinct 3 or Sub-precincts 1A, 8C or 8D. Any frontage at ground level in Sub-precincts 1B -1F, 1H, 2A, 2C, 4, 5, 7A, 7C, 8A or 8B must not exceed 2 metres. Animal keeping (other than Animal boarding) Must be no more than 2 animals. Apiculture Must meet the requirements of the Apiary Code of Practice, May 20111997.

Bus tTerminal Carnival Must meet the requirements of A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997.

Cinema Must be located in Precinct 4. Child cCare cCentre Must be located within Precincts 4, 5, or 7, or 9 or Sub-precincts 8A or, 8B., 9A or 9B. Cinema Must be located in Precinct 4. 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 5 OF 41 Circus Must meet the requirements of A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997. Convenience sShop Must not be located in Precincts 3, 6 or 9 or Sub-precincts 2B, 2E or 8C. Must be at ground level. In Precinct 6: The land must be located within 100 metres of land in an adjoining precinct of the Activity Centre Zone and must adjoin, or have access to,+ a road in a Road Zone.

The land must have the same street frontage as the land in the relevant adjoining precinct in the Activity Centre Zone.

The leasable floor area must not exceed 100 square metres. Must be at ground level.. Education Centre Must be located in Precinct 4 and 7. Food and drink premises (other than Hotel and Tavern) Must not be in Precincts 3 or 6 or Sub-precincts 2B, 2E or 8C. In Precinct 6: The land must be located within 100 metres of an adjoining precinct of the Activity Centre Zone and must adjoin, or have access to, a road in a Road Zone.

The land must have the same street frontage as the land in the relevant adjoining precinct in the Activity Centre Zone. The leasable floor area must not exceed 100 square metres. Home occupation Industry (other than Service iIndustry) Must be located in Precinct 3 or Sub-precincts 8C or 8D. Must not be a purpose shown with a Note 1 or 2 in the table to Clause 52.10. The land must be at least the following distances from land (not a road) which is in a residential zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre: The threshold distance, for a purpose listed in the table to Clause 52.10.

30 metres, for a purpose not listed in the table to Clause 52.10. Informal outdoor recreation Leisure and recreation (other than Informal outdoor recreation, Motor racing track and Restricted recreation facility) Must be located in Precinct 7 or Sub- precinct 6B.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 6 OF 41 Medical Centre The gross floor area of all buildings within Precinct 6 must not exceed 250 square metres. Mineral exploration Mining Must meet the requirements of Clause 52.08- 2. Minor utility installation Natural systems Office (other than Medical centre) Must not be located in Precinct 6.

or Sub- precincts 2B or 2E. In Pprecincts 1, 3, 4, or 7 or 9 or Sub-precincts 2A, 2CD, 5A, 5C, 5D, 8C or, 8D, 9A or 9B, any frontage at ground floor level must not exceed 2 metres, unless the office is a bank, real estate agency, travel agency, or other office where the floor space adjoining the frontage is a customer service area accessible to the public.

Open sports ground Must be located in Precinct 7. Place of aAssembly (other than Cinema, Nightclub and Place of worshipCinema) Must be located in Precincts 4 or 7. Postal agency Railway Station Must be located in Precincts 2 or 7. Restricted retail premises Must be located in Sub-precincts 1A or 8D. Must have a minimum leasable floor area of 1,000 square metresm2. Road Search for stone Must not be costeaning or bulk sampling. Service Industry Must be located in Precinct 3 or Sub-precinct 8C or 8D. Shop (other than Adult sex book shop and Convenience sShop) Must be located in Precincts 4 or 5 or Sub- precincts 1D-1F, 2CD or 7C.

In Precinct 6: The land must be located within 100 metres of land in an adjoining precinct of the Activity Centre Zone and must adjoin, or have access to, a road in a road zone. The land must have the same street frontage as the land in the relevant adjoining precinct in the Activity Centre Zone. The leasable floor area must not exceed 100 square metres Telecommunications facility Buildings and works must meet the requirements of Clause 52.19. Warehouse Must be located in Precinct 3, or Sub-precincts 8C or 8D.

Must not be a purpose shown with a Note 1 or 2 in the table to Clause 52.10.

The land must be at least the following distances from land (not a road) which is in a residential zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre:

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 7 OF 41 The threshold distance, for a purpose listed in the table to Clause 52.10. 30 metres, for a purpose not listed in the table to Clause 52.10. Section 2 – Permit required Use Condition Adult sSex bBookshop Must not be located in Precinct 6. or Sub- precincts 2B or 2E. Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from Precinct 6 or Sub-precinct 2B or 2E\, a residential zone or Commercial 5 Zone, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school.

Animal keeping Must be no more than 5 animals. Child cCare cCentre Must not be located in Sub-precincts 1A, 8C or 8D.

Cinema – if the Section 1 cCondition is not met. Must not be located in Precincts 2, 3, 6 or 8, or Sub-precincts 1A, 1C-1H. Cinema based entertainment facility Must not be located in Precincts 2, 3, 6, 7 or 8, or Sub-precincts 1A, 1C-1H. Convenience Shop – if the Section 1 Condition is not met. In Precinct 6 or Sub- precincts 2B or 2E, the leasable floor area must not exceed 80 square metres. Must be in association with another use and the leasable floor area must not exceed 80 square metres. Food and Drink Premises- if the section 1 condition is not met In Precinct 6 or Sub-precincts 2B or 2E, the leasable floor area must not exceed 80 square metres and must be in conjunction with one or more other uses in section 1 or 2.

Hotel Must not be located in Precinct 6 or Sub- precincts 2B or 2E.

Industry (other than Service iIndustry) – if the Section 1 condition is not met. Must not be located in Precincts 4, 5, or 6. or Sub-precincts 2B or 2F. Must be in conjunction with one or more other uses in section 1 or 2. Must not be a purpose shown with a Note 1 or 2 in the table to Clause 52.10. Leisure and recreation (other than Informal outdoor recreation, Motor racing track and Restricted recreation facility) – if the Section 1 condition is not met Must be located in Precinct 3, 4 and 8.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 8 OF 41 Nightclub Must be in Precinct 1, 4, 5 or 9.

Office (other than Medical centre)– if the Section 1 condition is not met. Must not be located in Precinct 6 or Sub- precincts 2B or 2E. In Precinct 6: The land must be located within 100 metres of an adjoining precinct of the Activity Centre Zone. The land must have the same street frontage as the land in the relevant adjoining precinct in the Activity Centre Zone.

The leasable floor area must not exceed 250 square metres. Place of Assembly -if the Section 1 condition is not metPlace of worship Restricted recreation facility Must not be in Precincts 2B, 2E or 6. Retail premises (other than Food and drink premises, Hotel, Shop or Tavern) Must not be located in precinct 6. Service iIndustry – if the Section 1 condition is not met. Must not be located in Precinct 6 or Sub- precincts 2B or 2E. Shop (other than Cconvenience shop) – if the Section 1 condition is not met. Must not be located in Precinct 6 or Sub- precincts 2B or 2E.

In Precinct 6: The land must be located within 100 metres of land in an adjoining precinct in the Activity Centre Zone.

The land must have the same street frontage as the land in the relevant adjoining precinct in the Activity Centre Zone. Tavern Must not be located in Precinct 6 or Sub- precincts 2B or 2E. Warehouse - if the Section 1 condition is not met. Must not be located in Precincts 4, 5, 6, 7 or 9. or Sub-precincts 2B or 2E. Must be in conjunction with one or more other uses in section 1 or 2. Must not be a purpose shown with a Note 1 or 2 in the table to Clause 52.10. Any other use not in Section 1 or 3 Section 3 – Prohibited Use Agriculture (other than Apiculture and Animal keeping) Brothel Camping and caravan park Cemetery Corrective institution Crematorium

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 9 OF 41 Drive-in theatre Extractive industry Fuel Ddepot Motor racing track Refuse Ddisposal Timber production Transport tTerminal (other than Rail Sstation or Bus tTerminal) 4.0 Centre-wide provisions 4.1 Use of land A permit is not required to use public land for the purpose of public utility and community facilities or any associated use that is consistent with the intent of the public land reservation or purpose as is carried out by, or on behalf of, the public land manager. 4.2 Subdivision The subdivision of sites within the retail core is discouraged to facilitate the creation of viable development sites.

The consolidation of land to facilitate the creation of viable development sites is encouraged. 4.3 Buildings and works General No permit is required to construct a building or construct or carry out works for the following:A permit is not required for: ▪ The installation of an automatic teller machine. ▪ The alteration to an existing building façade provided:  The alteration does not include the installation of an external roller shutter.  At least 80 per cent of the building façade at ground floor level is maintained as an entry or window with clear glazing.

▪ To construct a building or construct or carry out works for the purpose of public utility and community facilities or any associated use that is consistent with the intent of the public land reservation or purpose as is carried out by, or on behalf of, the public land manager.

▪ Dwellings No permit is required to: ▪ Construct or extend one dwelling on a lot more than 300 square metres. This exemption does not apply to:  Construct a dwelling if there is at least one dwelling existing on the lot.  Extend a dwelling if there are two or more dwellings on the lot. 19/03/2015 C157 19/03/2015 C157 19/03/2015 C157 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 10 OF 41  Construct or extend a dwelling if it is on common property.  Construct or extend a front fence within 3 metres of a street if the fence is associated with two2 or more dwellings on a lot or a residential building, and the fence exceeds the maximum height specified in Clause 55.06-2.  DevelopConstruct a dwelling that is to be used for the purpose of a caretaker’s house or a bed and breakfast.

▪ Construct or carry out works normal to a dwelling. ▪ Construct or extend an out-building (other than a garage or carport) on a lot, provided the gross floor area of the out-building does not exceed 10 square metres and the maximum building height is not more than 3 metres above ground level.

▪ Construct one dependent person’s unit on a lot. 4.4 Design and development Dwellings Residential development On a lot of less than 300 square metres, a development must meet the requirements of Clause 54 if it proposes to: ▪ Construct or extend one dwelling; or ▪ Construct or extend a front fence within 3 metres of a street if the fence is associated with one dwelling.

A development up to four storeys, excluding a basement, must meet the requirements of Clause 55 if it proposes to: ▪ Construct a dwelling if there is at least one dwelling existing on the lot. ▪ Construct two or more dwellings on a lot. ▪ Extend a dwelling if there are two or more dwellings on the lot. ▪ Construct or extend a dwelling if it is on common property. ▪ Construct or extend a residential building. ▪ Construct or extend a front fence within 3 metres of a street if:  The fence is associated with 2 or more dwellings on a lot or a residential building, and  The fence exceeds the maximum height specified in Clause 55.06-2.

This does not apply to a development of four or more storeys, excluding a basement. Building height Buildings and works should not exceed the preferred heights specified in the precinct provisions at Clause 5 of this schedule.

Consideration will be given to higher built form where any of the following occur: ▪ A proposal demonstrates design excellence; ▪ A proposal meets the objectives and decision guidelines of this Schedule; ▪ A proposal is on a designated gateway or significant building strategic landmark site; or ▪ Where the additional height will benefit the activity centre. 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 11 OF 41 For the purposes of this Schedule, the preferred height does not apply to service equipment including plant rooms, lift overruns, solar collectors and other such equipment provided the following criteria are met: ▪ No more than 50% of the roof area is occupied by the equipment.

▪ The equipment is located in a position on the roof so as to minimise additional overshadowing of neighbouring properties and public spaces. ▪ The equipment is designed, screened and finished in a non-reflective material and of a colour to the satisfaction of the responsible authority.

Building setbacks Minor works such as verandahs, architectural features, balconies, sunshades, screens and artworks may be constructed within the setback area specified in the precinct provisions at Clause 5 of this Schedule, provided they are designed and located to the satisfaction of the responsible authority. Buildings and works should not exceed the preferred setback specified in the precinct provisions at Clause 5 of this Schedule. For the purpose of this Schedule, side and rear building setbacks are to be measured from the boundary of the site.

Advertising signs All land in Sub-precinct 2E and Precinct 6 is in Category 3.

Landscape design Landscape design should: ▪ Create private and public open space areas that are accessible, safe, attractive and functional. Access and mobility New development should: ▪ Comply with the Australian Standard AS1428 Part 2 provisions for access and mobility. ▪ Provide a high level of accessibility at the principal front entry for any residential development.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 12 OF 41 5.0 Precinct provisions 5.1 Precinct 1: Gateway Commercial North 5.1-1 Precinct map PANEL NOTE – AMEND NEW MAP TO INCLUDE REAR OF 236 SOUTH GIPPSLAND HIGHWAY IN PRECINCT 1 19/03/2015 C157 19/03/2015 C157 19/03/2015 C157

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 13 OF 41 5.1-2 Precinct objectives ▪ To improve the visual quality of the northern gateway to Cranbourne and encourage development that will have a positive impact on the upon this area.

▪ To encourage diverse employment and business opportunities that can capitalise on highway exposure and principally serve the local community. ▪ To intensify development and bring the built form closer to South Gippsland Highway and High Street.

▪ andTo provide the majority of car parking areas atto the rear of buildings. ▪ To encourage the development of an appropriate gateway building in the north-eastern corner of the precinct and landmark signaturesignificant building/s in the area adjacent to the railway crossing. 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 14 OF 41 5.1-3 Precinct requirements Sub-precinct Preferred height (excluding basement) pPreferred SSetbacks 1A 14 metres (Signature significant building up to 21 metres) 9 metres to east boundary No more than 21 metres to South Gippsland Highway 1B 14 metres 0 metres to South Gippsland Highway 0 metres to south boundary (Camms Road) 6 metres to east boundary 1C 14 metres 0 metres to west boundary 6 metres to east boundary 1D 9 metres (Signaturesignifican t building up to 14 metres) 0 metres to west boundary 1E 14 metres 0 metres to east boundary 6 metres to west boundary 1F 14 metres 0 metres to west boundary 6 metres to east boundary 1G None specified None specified 1H None specified (Historic site) None specified 5.1-4 Precinct guidelines ▪ New development in Sub-precincts 1C, 1D, 1E and 1F fronting South Gippsland Highway and High Street should provide active and accessible frontages and pedestrian canopies above the footpath.

▪ In Sub-precinct 1H, new development should include setbacks to High Street to retain the views of the heritage church building and allow for visual permeability through Ray Perry Park. ▪ Development should not negatively impact upon Ray Perry Park which provides a community focal point. ▪ Development abutting residential areas should include a suitable landscaped buffer along the interface boundary to prevent overlooking or overshadowing. ▪ Solid fencing is not permitted and any security fencing must be attenuated with landscaping.

▪ Development should provide for appropriate setbacks and a transition in scale and height to compliement the adjoining residential areas to the east and west.

▪ Development of landmark signaturesignificant buildings should be directed to those corner sites immediately adjacent to the railway crossing in Sub-precincts 1C, 1D and 1E. ▪ On-site car parking should be provided to the rear or side of buildings. ▪ In Sub-precinct 1A, taller built form may be appropriate at the corner of the South Gippsland Highway and the proposed Cranbourne Bypass to allow for a gateway building.

19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 15 OF 41 ▪ In Sub-precincts 1B and 1C, new development should consist of commercial activity at the ground level with a minimum 3.8 metres in height and residential on the upper levels. 5.2 Precinct 2: Cranbourne Railway Station Environs 5.2-1 Precinct map 19/03/2015 C157 Proposed C204 19/03/2015 C157

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 16 OF 41 5.2-2 Precinct objectives ▪ To ensure development contributes positively to the amenity of the public and private realm and presents an appealing entry into the town centre from the northern gateway.

▪ To encourage an appropriate mix of residential, retail and commercial uses within the precinct. ▪ To encourage increased residential density and multi-level development that optimises the use of the Cranbourne Railway Station and public transport facilities. To encourage multi-level development that optimises the use of the Cranbourne Railway Station and public transport facilities.

▪ To provide a diversity of housing choice that responds to community needs. ▪ To discourage traditional unit development in favour of new forms of higher density housing. ▪ To encourage the consolidation of sites to facilitate a broader range of medium and higher density developments. 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 17 OF 41 ▪ To encourage diverse employment and business opportunities that can capitalise on the High Street exposure to serve the local community.

▪ To encourage a range of smaller format commercial uses at ground floor level with accommodation above. 5.2-3 Precinct requirements Sub-precinct Preferred height (excluding basement) Preferred sSetbacks 2A 11 metres 6 metres to north boundary 2B 11mNone specified 6m to west (Lane Way)None specified 2C 11 metres west of Ingamells Street 15 metres east of Ingamells Street 21 metres Significant buildingNone specified 0 metres to east boundary (High Street)None specified 2D 11m west of Ingamells Street 15m east of Ingamells Street 21m Signature building 0m to east boundary (High Street) 2E 12m with the possibility of a recessed fourth level 6m to Station Street, Fairfield Street and Duff Street for multi-level buildings 5.2-4 Precinct guidelines ▪ Provide higher scale buildings at the eastern end of the precinct towards High Street and adjacent to the Cranbourne Railway Station.

▪ Built form should achieve a general stepping down of the buildings towards the adjacent residential areas. ▪ New residential development should incorporate appropriate acoustic treatments responding to the railway environment to minimise adverse amenity impacts. ▪ Development may include a partial fourth level in Sub-precinct 2E that is recessed from the building footprint of the level below. ▪ Development in Sub-precincts 2A, 2B and 2E that is located adjacent to an existing residential development should be setback from side boundaries to allow adequate separation to achieve privacy of habitable rooms and private open space, solar access and landscaping.

19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 18 OF 41 5.3 Precinct 3: Employment and Services 5.3-1 Precinct map 19/03/2015 C157 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 19 OF 41 5.3-2 Precinct objectives ▪ To encourage business and employment opportunities ranging from small to medium- sized industry and local service businesses.

▪ To create and promote attractive streetscapes with landscaped interfaces at the property frontage of new development. 19/03/2015 C157

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 20 OF 41 5.3-3 Precinct requirements Sub-precinct Preferred height (excluding basement) Preferred setbacks 3A 14 metres 3 metres to street boundary 6 metres to adjoining residential boundary 3B 11 m 3m to street boundary 6m to adjoining residential boundary 5.3-4 Precinct guidelines ▪ Buildings should be setback from the street boundary with a 3-metre-wide landscaping strip along the street frontage to enable tree planting.

▪ Solid front fencing is discouraged and the visual effect of any security fencing should be attenuated with landscaping.

▪ Redevelopment of industrial uses that interface with existing residential development should incorporate additional screening along the street frontage and common boundaries, comprisinged mainly of landscaping and acoustic treatments. ▪ Improve the interface with residential development through the use of landscaping and built form. ▪ Service structures, such as metere boxes, plant and equipment, should be set back from the street boundary and suitably screened with landscaping. Roof plant and equipment should be appropriately screened.

▪ In Sub-precinct 3B, eEnsure new development includes acoustic mitigation protection for nearby residential development. 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 21 OF 41 5.4 Precinct 4: Retail Core West 5.4-1 Precinct map C157 Proposed C204 19/03/2015 C157

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 22 OF 41 5.4-2 Precinct objectives ▪ To allow for the expansion of the existing retail core providing more comprehensive retail and commercial uses to improve the viability and function of the Town Centre as a regional retail facility.

▪ To support and improve the connection and interface with High Street. ▪ To encourage improvement of rear façades and pedestrian connectivity from the residential area to the west.

▪ To resolve access and parking requirements. ▪ To support the establishment of retail anchors and speciality shops on the Council-owned car park in Sladen Street. 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 23 OF 41 ▪ To provide a mix of uses to facilitate extended hours of activity in the Town Centre and additional services available to the community. ▪ To encourage a range of commercial uses at lower levels with accommodation above. ▪ To encourage active uses to be developed along the edges Greg Clydesdale Square.

▪ To provide pedestrian and visual links between Greg Clydesdale Square and the proposed village square in Bakewell Street.

▪ To reinforce a north-south pedestrian connection from Centro Cranbourne Park Shopping Centre to the Council car parks. 5.4-.3 Precinct requirements Sub- precinct Preferred podium height (excluding basement) Preferred overall height Preferred podium setbacks Preferred setbacks above podium 4A 12 metres 20 metres 0 metres to east boundary (High Street) 6 metres to west boundary 6 metres above 2 storey podium to High Street 4B 12 metres 20 metres on High Street 0 metres to east boundary (High Street) 6 metres to west boundary 6 metres above 2 storey podium to High Street 4C 12 metres 20 metres None specified 6 metres above 2 storey podium to High Street 4D 12 metres 20 metres 0 metres to Sladen Street 6 metres above 2 storey podium to High Street 4E Not applicable 8m Not applicable 3.25 to rear property line 2m to front property line 5.4-.4 Precinct guidelines ▪ Any redevelopment of the Centro Cranbourne Park Shopping Centre or Council - owned car parks over 1000sqm square metres should include streetscape improvements and activation of the existing building treatments to High Street and to the west.

▪ Development must include glazed surfaces along the façades fronting streets. ▪ Significant buildings are to be included in any redevelopment proposal fronting Sladen Street or High Street or the northern frontages of the Retail Core West precinct. ▪ Building design should take advantage of views wherever possible. ▪ Architecture should include variation in façade treatments, materials, colours and textures to reduce building massing and blank walls.

▪ Development along High Street which that adjoins car parking areas should provide walk- through pedestrian facilities to achieve a pedestrian link to Lamb Street. ▪ In Sub-precinct 4A, new development should be appropriately elevated to retain the integrity of the retarding basin. 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 24 OF 41 5.5 Precinct 5: Retail and Commercial Core East 5.5-1 Precinct map 19/03/2015 C157 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 25 OF 41 5.5-2 Precinct objectives ▪ To create a new village destination (‘The Avenue’) for Cranbourne for the enjoyment of local residents and to activate the eastern side of High Street. ▪ To investigate the potential to close off Bakewell Street to through vehicle traffic. ▪ To establish To create a new central public space on Bakewell Street opposite to, and visually connected with, Greg Clydesdale Square, providing the closure of Bakewell Street and the new public space area represents a net community benefit for the Activity Centre.

and ▪ To investigate the potential to close off Bakewell Street to through vehicle traffic. ▪ To create a pedestrian-friendly High Street.

▪ To provide residential and office development on top of retail and commercial uses within the Cranbourne Town Centre. 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 26 OF 41 ▪ To encourage a variety of commercial, shops and food and drink premises at ground level with office and high- density residential above. 5.5-3 Precinct requirements Sub- precinct Preferred podium height (excluding basement) Preferred overall height Preferred podium setbacks Preferred setbacks above podium 5A 12.5 metres 17.5 metres 0 metres to High Street 0 metres to Lyall Street.

0 metres to Stawell Street.

6 metres above a two2- storey podium facing to High Street 5B 12.5 metres 14 metres 3 metres to Stawell Street 6 metres to Codrington Street 3 metres to Lyall Street None specified 5C 12.5 metres 17.5 metres 0 metres to High Street, ‘The Avenue’ and Bakewell Street 0 metres to Sladen Street 6 metres above a two 2 storey podium facing to High Street and ‘The Avenue’ 5D 12.5 metres 14 metres 0 metres to ‘The Avenue’ 0 metres to Lyall Street 6 metres to Codrington Street 0 metres to Sladen Street None specified 5.5-4 Precinct guidelines ▪ Development alongCreate an intimate local street character in ‘The Avenue’ should incorporate through active building frontages and contribute to a pedestrian- friendly streetscape design to create an intimate local street character.

▪ Development along High Street, ‘The Avenue’ and Bakewell Street (between High Street and ‘The Avenue’) should be subject to detailed urban design, incorporating elements such asFacilitate and promote detailed urban design, pedestrian shelters, fine-grain shop fronts, on-street parking, active frontages and, a high level of glazing to provide a sense of human scaleand human-scale development along High Street, ‘The Avenue’ and Bakewell Street (between High Street and ‘The Avenue’). ▪ Translucent elements (including balconies) may encroach up to 3 metres from the edge of any podium buildings.

▪ Development should recognise heritage elements within the precinct. ▪ Developments providing pedestrian connections between High Street and ‘The Avenue’ are encouraged. ▪ In Sub-precinct 5B or 5D, awnings and porticos should be provided that may extend into the setback area along Codrington Street. 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 27 OF 41 5.6 Precinct 6: Residential Intensification 5.6-1 Precinct map 19/03/2015 C157 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 28 OF 41 5.6-2 Precinct objectives ▪ To provide a diverse mix of housing atnd increased densitiesy in buildings up to and including four storey buildings. ▪ To promote a high standard of residential amenity for new development, including optimum solar access and privacy through design. ▪ To encourage a scale of development that provides a transition between areas of more intensive use and development and other residential areas.discourage traditional suburb housing designs in favour of new forms of high-density housing.

▪ To encourage the consolidation of sites to facilitate a broader range of medium and higher density residential developments.

19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 29 OF 41 ▪ To encourage the development of Lyall Street as a boulevard providing an east-west link between the Retail Core West Precinct, High Street and the Casey Complex. ▪ To manage the interface with existing commercial uses to mitnigate acoustic impacts on new residential development and ensure that new residential development includes appropriate acoustic protection. 5.6-3 Precinct requirements Sub- precinct Preferred height (excluding basement) Preferred Setbacks 6A 11.5m 13.5 metres 2m front setback 3.25m rear setback 6m side and rear setback for multi- storey development For the construction or extension of one dwelling on a lot standard A3 or 5 metres, whichever is lesser and standard A10 at clause 54.

For the construction of two or more dwelling on a lot or a residential buildings standard B6 or 5 metres, whichever is lesser and standard B17 at clause 55. 6B 11m 2m front setback 3.25m rear setback 6m side and rear setback for multi- storey development 6C 11.5m 2m front setback 3.25m rear setback 6m side and rear setback for multi- storey development 6D 11.5m 2m front setback 3.25m rear setback 6m side and rear setback for multi- storey development 6E 11.5m 2m front setback 3.25m rear setback 6m side and rear setback for multi- storey development 5.6-4 Precinct guidelines ▪ Translucent elements such as balconies should extend within front setbacks to encourage building articulation.

▪ Consideration will be given to higher built form and residential density for consolidated sites. ▪ No on-site parking is permitted should be provided forward of the front setback areabuilding alignment. ▪ Tree planting should form part of the front setback treatment in all medium density development. 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 30 OF 41 ▪ Tree planting buffers are required at the rear boundary on multi-level apartment developments.

▪ HighS solid front fences which that prevent passive surveillance of the street are discouragedshould be avoided. ▪ In Sub-precincts 6A and 6E, nNew residential development (or any other accommodation) of threetwo or more storeys adjoining Precincts 1, 3, 4 or 8 should: include acoustic protection from nearby industrial and commercial uses.  Demonstrate how the proposal includes acoustic protection to a standard that ensures noise emissions forom nearby industrial and commercial uses received on balconies and terraces, complies with State Environment Protection Policy (Control of Noise from Commerce, Induistry and Trade) No N-1 (SEPP N-1).

Where the nature of the development is such that it is not practical or reasonable to undertake an outdoor measurement of the industrial noise level, the measurement point for a noise sensitive area must be indoors in accordance with SEPP N-1 Schedule A1, 4; and  Have external glazing, doors and the airoconditioning or ventilation system designed by a suitably qualified acoustic consultant to the satisfaction of the responsible authority.

▪ In Sub-precincts 6C and 6D, nNew development along Lyall Street housing must compleiment thethat pedestrian nature of the Lyall Sstreet through landscaping and the by avoiding the useance of high front fences.

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 31 OF 41 5.7 Precinct 7: Casey Complex 5.7-1 Precinct map 19/03/2015 C157 19/03/2015 C157

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 32 OF 41 5.7-2 Precinct objectives ▪ To promote the establishment of a community hub for the Cranbourne Town Centre that provides for a mix of uses as well as civic and community facilities and services.

▪ To facilitate and prioritise the delivery of the Cranbourne East Railway Station. ▪ To promote an integrated transport interchange in the vicinity of the proposed Cranbourne East Railway Station. 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 33 OF 41 ▪ To encourage the provision of Transit Oriented Development (TOD), including a mix of uses to maximise the interface with the future Cranbourne East Railway Station. ▪ To upgrade the existing sports/recreation facilities and to provide new, modern and world- class international standard sports facilities which that cater for regional needs. ▪ To encourage an appropriate range of retail, entertainment and commercial facilities to serve the needs of residents and the users of the Casey Complex.

▪ To provide civic facilities and space for community activities/festivals. ▪ To create a grid transportation network to facilitate ease of pedestrian, bicyclingst and vehicular movement throughout the precinct.

5.7-3 Precinct requirements Sub-precinct PREFERRED Preferred height (excluding basement) Preferred Ssetbacks 7A None specified None specified 7B None specified None specified 7C 0 metres setback to east, south and west boundaries. (a) Retail and Commercial 10 metres (b) Transit Orientedated Development 10 metres (c) Recreation and Leisure None specified (d) Civic and Community 11 metres (e) Residential 13 metres 5.7-4 Precinct guidelines ▪ Development should capitalise on the links with the future Cranbourne East Railway Station.

▪ Development should link with Lyall Street as the principal access to the Cranbourne Town Centre.

▪ A road and a pedestrian link should be provided between the precinct and land to the north of the future Cranbourne East Railway Station. ▪ In Sub-precinct 7B, development must be in accordance with an approved Master Plan for Casey Grammar School. ▪ In Sub-precinct 7C, development must be generally in accordance with an approved Casey Complex Master Plan. ▪ Development facing the future Cranbourne East Railway Station should incorporate acoustic treatments and buffered setbacks responding to the railway environment. ▪ Provision should be made for a variety of medium density housing types, including affordable housing.

▪ Development along key pedestrian routes should provide active frontages and weather protection above the footpath. 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 34 OF 41 ▪ Iconic/signature buildings at strategic locations that provide a strong visual presence/statement for the Complex are encouraged. ▪ The future road and pedestrian network shall should be generally in accordance with the north/south and east/west connections shown specified ion the precinct map.

5.8 Precinct 8: Gateway Commercial South 5.8-1 Precinct map 19/03/2015 C157 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 35 OF 41 5.8-2 Precinct objectives ▪ To provide an attractive southern gateway to the Cranbourne Town Centre. ▪ To build upon established community services and facilities. ▪ To encourage continued business and employment opportunities ranging from small to medium-sized industry and local service businesses. ▪ To provide attractive streetscapes and improved amenity within the precinct incorporating elements of the Avenue of Honour and Royal Botanic Gardens Cranbourne. 19/03/2015 C157

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 36 OF 41 5.8-3 Precinct requirements Sub-precinct Preferred height (excluding basement) Preferred setbacks 8A 12 metres (SignatureSignificant buildings at designated can be higher, as indicated at Gateway/ Entry points may be higher shown on the Precinct map.

None specified 8B 12 metres 0 metres to north boundary (Sladen Street) 8C 11 metres 3 metres to east boundary adjoining residential area 8D 12 metres (SignatureSignificant buildings at designated can be higher, as indicated at Gateway/ Entry points may be higher) shown on the Precinct map. No more than 21 metres to South Gippsland Highway and Cameron Street 6 metres to adjoining residential boundary 5.8-4 Precinct guidelines ▪ In the case of large buildings, promote variation in the building form such as recessed or projecting architectural and design elements.

▪ Promote variation in architectural or structural modules, materials, details, surface colour and texture to break up large building forms and the visual bulk of large wall surfaces. ▪ Development abutting residential areas should include a suitable landscaped buffer along the interface boundary. ▪ Existing street trees should be retained as the dominant element atof the gateway locations. ▪ Flexible car parking layouts are required to be linked across site boundaries and should be located generally to the rear and side of buildings.

▪ Development along Cameron Street and Sladen Street should provide incorporate active façades.

▪ Development should incorporate views towards the Cranbourne Racecourse and Training Complex and the Royal Botanic Gardens Cranbourne. ▪ In Sub-precincts 8C and 8D, ensure new development includes acoustic protection for nearby residential development. ▪ For Sub-precinct 8B, encourage high amenity office/commercial development fronting Sladen Street. In Sub-precinct 8D: ▪ Encourage continued business and employment opportunities from small to medium- sized industry and local service businesses.

▪ Encourage the consolidation of sites to create efficient development parcels and reduce the number and frequency of access lanes. ▪ Encourage a significant public artwork on the gateway site on the Ssouth –east corner of Sladen Street and the South Gippsland Highway. ▪ No retail uses aside from restricted retail premises will be permitted in the area. 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 37 OF 41 5.9 Precinct 9: Cranbourne Racecourse, Tourism & Entertainment Precinct.

5.9-1 Precinct map 19/03/2015 C157 Proposed C204 19/03/2015 C157

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 38 OF 41 5.9-2 Precinct objectives ▪ To build upon the established civic uses and community services based around the original Shire of Cranbourne offices. ▪ To investigate and facilitate the opportunities for tourist accommodation and related activities to serve nearby Cranbourne businesses, the Cranbourne Racecourse and Training Complex and the Royal Botanic Gardens Cranbourne. ▪ To ensure that interim redevelopment does not compromise the future potential of the precinct as the principal tourism component of Cranbourne.

▪ To improve the connection between the Cranbourne Racecourse and Training Complex and the Cranbourne Town Centre. ▪ To provide an attractive entrance to the Cranbourne Racecourse and Training Complex. 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 39 OF 41 ▪ To reinforce the identity of the Cranbourne Racecourse and Training Complex as part of Cranbourne. ▪ To seek to redevelop the old Council Depot to meet ongoing community needs. ▪ To integrate the Royal Botanical Gardens Cranbourne into the Cranbourne Town Centre.

5.9-3 Precinct requirements Sub-precinct Preferred height (excluding basement) Preferred setbacks 9A 12 metres 3 metres to adjoining residential boundaryNone specified 9B 12m 3m to adjoining residential boundary 5.9-4 Precinct guidelines ▪ Development should recognise heritage elements within the precinct. ▪ In Sub-precinct 9A, nNew development east of Grant Street should not block views of the original Shire of Cranbourne offices from High Street and Sladen Street to enhance the heritage significance of the building.

▪ Consideration should be given to a higher built form to accommodate a landmark/signaturesignificant building at the corner of Sladen Street and Grant Street. ▪ New development should take advantage of views towards the Cranbourne Racecourse. 6.0 Application requirements In addition to the application requirements set out at Clause 37.08-7, an application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate, to the satisfaction of the responsible authority: ▪ Sections of the proposed building where there are significant level differences between the site and adjoining land.

▪ A traffic and car parking assessment that includes existing traffic details, parking allocation, traffic generation and distribution, impact of generated traffic on the existing road network, parking generation rates and traffic management recommendations. ▪ In precinct 6, an application for a dwelling adjoining precincts 1, 3, 4 and 8 must demonstrate, through provision of an acoustic report by a suitably qualified consultant, how the proposal includes acoustic protection from nearby industrial and commercial uses so at to meet the relevant SEPP N-1 requirements.

▪ Where applying to public land,An application for a permit on publicly owned land by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either: ▪ To the application for permit being made.

Tto the application for permit being made and to the proposed use or development. 7.0 Notice and review An application under Clause 37.08-2, 37.08-4, 37.08-5 or 37.08-6 to construct a building or construct or carry out works is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act if any of the following apply: 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 40 OF 41 ▪ itThe application does not comply with the relevant precinct requirements contained within Clause 5 of this schedule. ▪ An application to construct a building or carry out works iIn Precinct 4 if the application is to construct a building or construct or carry out works is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Commercial 1 Zone, land used for a hospital, a primary school or secondary school or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital, a primary school or a secondary school or an education centre.

▪ In Precinct 6 the application is for a use or to construct a building or construct and carry out works.

No exemptions from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act apply to applications for buildings and works in Precinct 6 and Sub-precincts 2B and 2E 8.0 Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65 and Clause 37.08-9, the responsible authority must consider, as appropriate: Non-residential use and development in Precinct 6 ▪ Whether the use or development is compatible with residential use. ▪ Whether the use generally serves local community needs.

▪ The scale and intensity of the use and development. ▪ The design, height, setback and appearance of the proposed buildings and works. ▪ The proposed landscaping.

▪ The provision of car and bicycle parking and associated accessways. ▪ Any proposed loading and refuse collection facilities. ▪ The safety, efficiency and amenity effects of traffic to be generated by the proposal. Use Whether the proposal provides for: ▪ Whether the proposal provides for Aan appropriate scale of development in order to accommodate the mix and intensity of uses envisaged for each precinct. ▪ In Precinct 9, an application for a night club, hotel or tavern should ensure that there is no unreasonable amenity impact on the surrounding neighbourhood.

Design and built form Whether the proposed development: 19/03/2015 C157 Proposed C204

Casey Planning Scheme Amendment C204  Panel Report  6 June 2018 ACTIVITY CENTRE ZONE - SCHEDULE 1 PAGE 41 OF 41 ▪ Is an under-utilisation of the lot. ▪ Creates a strong visual interest by providing building types based on innovative and contemporary architecture, urban design and ecologically sustainable development principles. ▪ Provides overhead weather protection adjoining key pedestrian footpaths and main boulevards. Subdivision Whether the subdivision: ▪ Is associated with a development proposal that supports the objectives promoted by this schedule.

Access ▪ Whether the proposed development: ▪ Integrates car parking requirements into the design of buildings and landform by encouraging the use of under croft or basement parking and minimises the use of open lot/half basement/ground floor car parks at the street frontage.

▪ Provides vehicular access to buildings fronting key boulevards off side streets or via rear access. ▪ Limits the number of vehicle crossings to each development. 9.0 Reference documentsAdvertising signs Advertising sign requirements are at Clause 52.05. All land located within Precinct 6 is in Category 3 and all other land is in Category 1.

Cranbourne Town Centre Plan (2 August 2011), City of Casey Cranbourne Town Centre Urban Design Framework (2 August 2011), City of Casey Casey Complex Structure Plan (2 August 2011), City of Casey 10.0 Other provisions of the scheme None specified. 11.0 Reference documents Cranbourne Town Centre Structure Plan, City of Casey 2017. Cranbourne Town Centre Urban Design Framework, City of Casey, 2011. Casey Complex Structure Plan, City of Casey, 2011. 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204 19/03/2015 C157 Proposed C204

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